
Book >02. _ - 



SCHOOL 
LAWS 



OF THE 



STATE OF OHIO 



WITH CITATIONS 
AND BLANK FORMS 



1922 



VERNON M. RIEGEL 

DIRECTOR OF EDUCATION 



C..I 



OHIO 
SCHOOL LAWS 

1922 

Blank Forms and Directions 
to Serve as Guide for 
Officers and Teachers 



Compiled under the Direction of, 

VERNON M. RIEGEL, Director of Education 
GEORGE A. EDGE. Chief, Legislative Reference Bureau 
H. D. SWYGERT, Statistician, Department of Education 

Jlpproved b^ 
JOHN G. PRICE, Attorney General 



COLUMBUS, OHIO 
THE F. J. HEER PRINTING CO. 

19 2 2 

Bound at State Bindery. 






LIBRARY OF CONGRESS ' 
I RECEIVED 

OCT 2 1923 

DOCUMENTS DIV(StON • 



EXPLANATORY NOTE 



In the compilation of this volume, it has been the endeavor to make 
the contents readily accessible, and to this end a table of contents and 
two indexes have been prepared. 

The table of contents will be found immediately preceding the text 
and in this table the general subject matter is arranged under chapter 
headings which indicate the general scope of the subjects treated in 
each chapter. 

The subject index will be found at the end of the volume and is 
self-explanatory. 

The numerical index of section numbers will be found immediately 
preceding the subject index, and in this all of the sections of the Gen- 
eral Code relating to schools are arranged in numerical order. A person 
desiring to find any particular section can do this more quickly by turn- 
ing to the numerical index, where will be indicated the page upon which 
such section can be found. 

This volume has been fully annotated by Court decisions and the 
Opinions of the Attorney General to date. Most of these will be found 
under the various sections to which they refer, but a few which were 
handed down too late to be inserted in the proper places will be found 
in the Appendix. Many of the opinions of the Attorney General refer 
to different sections of the General Code. In order to economize space, 
the syllabus of each Opinion is given in full under one section and a 
cross reference made under each of the other sections to which the 
Opinion applies. The quickest way to find the Opinion to which a 
cross reference is made, is to turn to the numerical index, and find the 
section number under which the Opinion is cited. 

It has been the intention of the compiler to eliminate all Court 
decisions and Opinions of the Attorney General which are obsolete. 
However, in some cases where sections have been amended at different 
times since an Opinion was rendered, absolute accuracy has not always 
been possible. In some cases where an Opinion applies in part to an 
amended section, it has been retained, but in such cases the older Opinion 
should always be read in the light of the later ones. 

The forms of resolutions, etc., appearing in the Appendix have 
been in most cases taken from transcripts which were approved by the 
Attorney General, but these are tentative only and for the convenience 
and guidance of the Boards of Education and the Prosecuting Attorneys 
or City Solicitors. In no case should they be used as a substitute for the 
work of the legal advisers of the Boards of Education. They may easily 
be changed to conform to local conditions. 

(3) 



4 EXPLANATORY NOTE 

Under each section is given the history of the enactment and the 
various amendments. This is done by referring to the volume of the 
Session Laws, but as it is often times desirable for school officials to 
know the year in which laws were enacted or amended, immediately 
following is a table showing the dates of the various volumes of the 
Session Laws. This will enable anyone to find the year in which any 
section of the school laws was enacted or amended. 

OHIO SESSION LAWS 
(Since 1850) 

Volume Year Volume Year 

48 1850 80 1883 

49 1851 81 1884 

50 1852 82 1885 

51 1853 83 1886 

52 1854 84 1887 

53 1856 85 1888 

54 1857, 86 1889 

55 1858 87 1890 

56 1859 88 1891 

57 1860 89 1892 

58 1861 90 1893 

59 1862 91 1894 

60 1863 92 1896 

61 1864 93 1898 

62 1865 94 1900 

63 1866 95 1902 

64 1867 96 1902 

65 1868 97 1904 

QQ 1869 98 1906 

67 1870 99 1908 

68 1871 100 1909 

69 1872 101 1910 

70 1873 102 1911 

71 1874 103 1913 

72 1875 104 1914 

73 1876 105 1914 

74 1877 106 1915 

75 1878 107 : 1917 

76 1879 108 Pt. 1 1919 

77 1880 108 Pt. II 1919-20 

78 1881 109 1921 

79 1882 



TABLE OF CONTENTS 



Chapter 1. 


Chapter 2. 


Chapter 3. 


Chapter 4. 


Chapter 5. 


Chapter 6. 


Chapter 7. 


Chapter 8. 


Chapter 9. 


Chapter 10. 


Chapter 11. 


Chapter 12. 


Chapter 13. 


Chapter 14. 


Chapter 15. 


Chapter 16. 


Chapter 17. 


Chapter 18. 


Chapter 19. 


Chapter 20. 


Chapter 21. 


Chapter 22. 


Chapter 23. 


Chapter 24. 


Chapter 25. 


Chapter 26. 


Chapter 27. 


Chapter 28. 


Chapter 29. 


Chapter 30. 


Chapter 31. 


Chapter 32. 



Constitutional Provisions 

General Provisions 

Superintendent of Public Instruction as Director of Educa- 
tion 

Organization of Original Surveyed Townships 

School and Ministerial Lands 

Classification of Public School Districts 

City School Districts 

Village School Districts 

Rural School Districts 

County School Districts 

Boards of Education for Other Than County School Dis- 
tricts .' 

Treasurer and Clerk of School Districts 

Public School Elections 

School Funds 

School District Sinking Fund and Issue and Sale of Bonds. 

Limitations on Levy of Taxes 

Transfer of Funds, Limitation of Contracts 

School Houses and Libraries 

State Building Code Applicable to School Buildings 

Schools and Attendance 

Compulsory Education 

Reports 

Enumeration 

State, County and City Examiners 

County and City Teachers' Institutes 

Teachers' Pensions 

State Teachers' Retirement System 

Normal Schools 

'Municipal 

State 

Ohio 

Miami , 

I Ohio State 

[Wilberforce 

[Building fund 

Schools Specially Endowed 

Educational Corporations 

Crimes and Offenses against Schools 

Juvenile Court 



Colleges and Universities. 



PAGE 

7-14 
15-42 

4a-69 

70-75 
76-101 
102-116 
117-122 
123-125 
126-131 
132-148 

149-175 
17^190 
191-200 
201-227 
228-245 
246-258 
259-266 
267-306 
307-326 
327-401 
402-429 
430-434 
435-439 
440-465 
466-470 
471-478 
479-506 
507-512 
513-524 
524-525 
525-528 
529 
530-546 
546-548 
548-550 
553-555 
556-577 
57&-598 
599-628 



(5) 



TABLE OF CONTENTS 



Chapter 33. 



Chapter 34. 
Chapter 35, 



PAGE 

'Commission for Blind 629-631 

State School for Blind 631-633 

State School for Deaf 633-635 

Institution for Deformed and Crip- 
pled Children 635-637 

Department of Public Welfare 637-642 

Institutions for Feeble-minded 642-645 

Boys' Industrial School. 645-646 

Girls Industrial School 646-648 

Bureau of Juvenile Research 648-650 

Ohio Penitentiary. 650-651 

Sailors' Orphans' Home 652-657 

f Vocational Education 658-668 

■ • • "(Industrial Rehabilitation 668-672 

(Late Decisions and Opinions 675-677 

^PP^"^^^ jForms 677-702 

Numerical Index of Code Sections 703-715 

Subject Index 716-773 



Blind, Deaf, Crippled 
and Defective Children 



Ohio Soldiers' and 
Federal Aid Laws 



PROVISIONS OF CONSTITUTION OF OHIO RELATING 
TO PUBLIC SCHOOLS 



ARTICLE I 



Section 7. All men have a natural and indefeasible of the rights 
right to worship Almighty God according to the dictates ?he ""Seceslit" 
of their own conscience. No person shall be compelled to Jn/^kiSw"- 
attend, erect, or support any place of worship, or maintain edge, 
any form of worship, against his consent; and no prefer- 
ence shall be given, by law, to any religious society; nor 
shall any interference with the rights of conscience be 
permitted. No religious test shall be. required, as a quali- 
fication for office, nor shall any person be incompetent to 
be a witness on account of his religious belief ; but nothing 
herein shall be construed to dispense with oaths and affirma- 
tions. Religion, morality, and knowledge, however, being 
essential to good government, it shall be the duty of the 
general assembly to pass suitable laws to protect every 
religious denomination in the peaceable enjoyment of its 
own mode of public worship, and to encourage schools and 
the means of instruction. 

The system of public education is the creature of the Constitu- 
tion and statutory laws of the State. The Constitution provides that 
"It shall be the duty of the General Assembly to pass suitable laws 
* * * and encourage schools as a means of instruction * * * ." 
It is left to the discretion of the General Assembly, in the exercise 
of the general legislative power conferred upon it, to determine what 
laws are suitable to secure the organization and management of the 
contemplated system of common schools, without express restriction 
except that "No religious or other sect or sects shall ever have any 
exclusive right to, or control of, any part of the school funds of the 
State." State, ex rel., v. McCann, 21 O. S. 198, 205. 

Held, that an act authorizing classification of schools on the 
basis of color does not contravene the constitution of the State, nor 
the Fourteenth Amendment of the Constitution of the United States, 
and that under such act colored children residing in either of the dis- 
tricts for white children, are not, as of right, entitled to admission 
into the schools for white children. State, ex rel., v. McCann, 
supra. 

Neither this nor any other provision of the Constitution enjoins 
or requires religious instruction, or the reading of religious books, in 
the public schools of the state; and the board of education of a 
school district having adopted a resolution prohibiting the reading 
of the Bible or other religious books in the schools of the district, 
the courts have no rightful authority to interfere with the discre- 
tion of the board of education in the matter. Board of Education 
V. Minor, 23 O. S. 211. 

Held, that the courts have no power to interfere against a 
regulation duly adopted by a board of education, requiring that a 
portion of the Bible be read in the schools of the district as an 
opening exercise; and that such regulation is not in violation of any 
provision of the Constitution of Ohio, or of the United States. 
Nessle v. Board of Education, 1 O. N. P. 140. 

(7) 



PROVISIONS OF CONSTITUTION OF OHIO 

Held, on a consideration of this and other provisions of the 
State Constitution, that a compulsory education law requiring chil- 
dred under a certain age to attend school a certain length of time 
each year, is constitutional. Quigley v. State of Ohio, 5 O. C. C. 
638. 

An act of the legislature authorizing boards of education to 
make and enforce rules and regulations to secure the vaccination of 
pupils attending and eligible to attend the schools of the district, is 
a valid enactment, not repugnant to the constitution of the State of 
Ohio, nor violative of the Fourteenth Amendment to the Constitu- 
tion of the United States. State, ex rel., v. Board of Education, 76 
O. S. 297. 

Held, on a consideration of this provision of the constitution, 
that the legislature has power to provide for the organization of 
Teachers' Institutes. Burton v. Board of Education, 5 O. N. P. 
(N. S.) 294. 

Held, that an act of the legislature appropriating money to 
repair the buildings of the Ohio University, was passed by the 
General Assembly in the discharge of the duty imposed upon it by 
this section, viz : to pass suitable laws to encourage schools as a 
means of instruction. State, ex rel., v. Oglevee, 37 O. S. 1. 

Held, that Section 7817 General Code providing that examina- 
tions for applicants for teachers' certificates shall be held on the 
first Saturday of each month, does not interfere with the rights of 
conscience, and is not inconsistent with Article I Section 7 of the 
Constitution. Op. Atty. Gen. (1911) p. 514. 

Held, on a consideration of this and other constitutional pro- 
visions, that Section 7721 General Code does not authorize boards 
of education to establish military training in public schools ; and 
that a pupil cannot be discriminated against in his general standing 
in school because he does not join a military unit in such school. 
Op. Atty. Gen. (1919) p. 653. 

Citizens can conduct strictly religious German catechism 
schools for the study of the Bible and church history and such in- 
struction is not a violation of the provisions of Sections 7762-1 and 
7762-2 General Code. Op. Atty. Gen. (1919) p. 1043, 

ARTICLE II 

Section 26. All laws, of a general nature, shall have 
a uniform operation throughout the state ; nor, shall any act, 
except such as relates to public schools, be passed, to take 
effect upon the approval of any other authority than the 
general assembly, except, as otherv^ise provided in this 
constitution. 

Held, in consideration of this provision of the Constitution, 
that the subject matter of schools, including school districts, and 
the establishment and change of the same, is one of a general nature; 
and all legislation as to them must be general, having a uniform 
operation throughout the state. State, ex rel., v. Spellmire, 67 
O. S. 77. 

An act of the legislature providing for the creation of a 
Teachers' Pension fund in city districts of the second grade of the 
first class was held to be in violation of this provision, and uncon- 
stitutional. State, ex rel., v. Kurtz, 21 O. C. C. 260. State, ex rel., 
V. Hubbard, 22 O. C. C. 262; 65 O. S. 574. 

An act of the legislature attempting to validate a previous un- 
constitutional act providing for the establishment of a special school 
district in a certain designated township and county, was likewise 
held to be unconstitutional and void. Bartlett et al. v. State of 
Ohio, 73 O. S. 54. 

An act of the legislature in its nature applicable to boards of 
education generally, but which excepts the ooards of education of 



PROVISIONS OF CONSTITUTION OF OHIO 



certain city school districts from its operation, offends this pro- 
vision of the constitution, and is unconstitutional and void. Bower 
V. Board of Education, 8 O. C. C. (N. S.) 305. 

This provision of the constitution does not, however, prevent 
the legislature from making a proper classification of the school 
districts of the state; and a classification of the city school districts 
on the basis of population is permissible, so long as such classifica- 
tion is not a false, unnecessary, arbitrary, or evasive one. State 
ex rel., v. Evans, 90 O S. 243. 

Held, that the Small Schoolboard act, as found in Sections 
4698 to 4707 General Code, inclusive, is a valid exercise of legisla- 
tive power agreeable to the constitution of Ohio. State, ex rel., v. 
Evans, supra. 

Held, that the act of the legislature providing for the estab- 
lishment of county school districts, and for the election of mem- 
bers of the county board of education in the manner therein pro- 
vided, was not in conflict with this or any other provision of the 
state constitution, and was a valid enactment. Cline v. Martin, 94 
O. S. 420. 

Section 37. Except in cases of extraordinary emerg- 
encies,, not to exceed eight hours shall constitute a day's 
work, and not to exceed forty-eight hours a week's work, 
for workmen engaged on any public work carried on or 
aided by the state, or any political sub-division thereof, 
whether done by contract, or otherwise. 



ARTICLE VI 

Section i. The principal of all funds, arising fromFunds for edu- 
the sale, or other disposition of lands, or other property, "h^ous ^puV 
granted or entrusted to this state for educational and re- poses, 
ligious purposes shall forever be preserved inviolate, and 
undiminished; and, the income arising therefrom, shall be 
faithfully applied to the specific objects of the original 
grants, or appropriations. 

This provision is cited in decision upholding constitutionality 
of act of the legislature providing for the organization of county 
school dstricts and for the election and qualification of members of 
county boards of education. Cline v. Martin, 94 O. S. 420. 

A special act of the legislature, following an affirmative vote 
by the electors of the school district on the question, requiring the 
board of education of a city to release the sureties of a county 
treasurer from liability for school funds of the board, which came 
into the hands of the treasurer for disbursement, does not contra- 
vene this sestion. State v. Board of Education, 38 O. S. 3. 

Lands donated by Congress to the legislature of this state for 
school purposes, are exempt from assessment for the expense of a 
local road improvement. Poock v. Ely, 4 O. C. C, 41. 

This section is cited in decision upholding the statutory power 
of a municipality to receive property in trust for educational pur- 
poses and to maintain a university. State, ex rel., v. Toledo, 3 O. 
C. C. (N. S.) 468. 

Held, that an act of the legislature authorizing taxation of 
school lands immediately after sale, as other lands in the state are 
taxed, is not in contravention of this provision of the constitution. 
State, ex rel., v. Purcell, 31 O. S. 352. 



Section 2. The general assembly shall make such school funds, 
provisions, by taxation, or otherwise, as, with the income 
arising from the school trust fund, will secure a thorough 



lO PROVISIONS OF CONSTITUTION OF OHIO 

and efficient system of common schools throughout the 
state ; but no religious or other sect, or sects, shall ever have 
any exclusive right to, or control of, any part of the school 
funds of this state. 

This provision of the constitution is cited in a decision deny- 
ing the liability of a board of education for a tort committeed by 
it in the official discharge and transaction of the business of the 
school district. In this case the tort consisted in an act of the 
board wrongfully and negligently carrying an excavation below the 
statutory depth of nine feet, thereby undermining and injuring the 
foundation and walls of a building belonging to an adjoining owner. 
Board of Education v. Volk, 72 O. S. 469. Sec also Finch v. Board 
of Education, 30 O. S. 317. 

This section of the constitution is cited in a decision upholding 
the compulsory education law with respect to children under certain 
age therein designated. Quigley v. State, 5 O. C. C. 638. 

This provision of the constitution was held not to render 
invalid the statute which provides for free text-books to be sup- 
plied to the pupils of the school district. Mooney v. Bell, 8 O. N. 
P. 658. 

In a decision denying the power of a municipal corporation to 
maintain and operate a moving picture exhibition, it was held that 
this provision of the constitution shows that education supported 
by taxation is to be conducted by a system of common schools 
throughout the state. State, ex rel., v. Lynch, 88 O. S. 71, 97. 

Upon a consideration of the provisions of this section of the 
constitution it has been held to be a matter within the official dis- 
cretion of the board of education whether religious education, such 
as the reading of religious books is permitted in the schools of the 
district. Board of Education v. Minor, 23 O. S. 211 ; Nessle v. 
Hum, 1 O. N. P. 140. 

The tuition fund of a school district is in the nature of a 
trust fund for the benefit of the school youth, and transfers from 
said fund in the treasury of a school district to a building fund 
cannot be made except under the provisions and conditions of 
Section 5655 General Code and of Sections 2296 to 2302 inclusive, 
General Code. Op. Atty. Gen. (1912) p. 1206. 

Public school Section 3. Provision shall be made by laAv for the 

of^?dIicatiTn^* Organization, administration and control of the public school 
system of the state supported by public funds: provided, 
that each school district embraced wholly or in part within 
any city shall have the power by referendum vote to de- 
termine for itself the number of members and the organiza- 
tion of the district board of education, and provision shall 
be made by law for the exercise of this power by such 
school districts. (Adopted September 3, 1912.) 

It was held on a consideration of the provisions of this sec- 
tion that the Jung-Small School Board Act, carried into the Gen- 
eral Code as Sections 4698 to 4707, inclusive, did not contravene 
the referendum provision of this section of the constitution. State 
ex rel., v. Evans, 90 O. S. 243. 

This section confers upon the legislature sufficient authority 
to enact the law providing for the county board of education and 
conferring upon such county board of education the power to 
transfer territory from one school district to another. Cline v. 
Martin, 24 O. C. C. (N S.) 81; 94 O. S. 420. 



PROVISIONS OF CONSTITUTION OF OHIO II 

Section 4. A superintendent of public instruction to Superintendent 
replace the state commissioner of common schools, shall be stru^ctKn. *"' 
included as one of the officers of the executive department 
to be appointed by the governor, for the term of four years, 
with the powers and duties now exercised by the state 
commissioner of common schools until otherwise provided 
by law, and with such other powers as may be provided by 
law. 

Section 4 of Article VI of the Constitution governs the ap- 
pointment of the Superintendent of Public Instruction, and under 
the provisions of said section the term of a person appointed by 
the governor to fill a vacancy in said office begins at the date of 
the appointment and qualification of said person and continues 
for the full term of four years. Op. Atty. Gen. (1916) p. 292. 

ARTICLE XII 

Section 2. Laws shall be passed, taxing by a uni-xaxation by uni- 
form rule, all moneys, credits, investments in bonds, stocks, emption!^' ^^ 
joint stock companies, or otherwise, and also all real and 
personal property according to its true value in money, 
excepting all bonds oustanding on the first day of Jan- 
uary, 191 3, of the state of Ohio or of any city, village, ham- 
let, county, or township in this state or which have been 
issued in behalf of the public schools in Ohio and by the 
means of instruction in connection therewith, which bonds 
outstanding on the first day of January, 191 3, shall be ex- 
empt from taxation but burying grounds, public school 
houses, houses used exclusively for public worship; insti- 
tutions used exclusively for charitable purposes, public 
property used exclusively for any public purpose, and per- 
sonal property, to an amount not exceeding in value five 
hundred dollars, for each individual, may, by general laws, 
be exempted from taxation; and laws may be passed to 
provide against the double taxation that results from the 
taxation of both the real estate and the mortgage or the debt 
secured thereby, or other lien upon it, but all such laws shall 
be subject to alteration or repeal ; and the value of all 
property, so exempted, shall, from time to time, be ascer- 
tained and published as may be directed by law. (Adopted 
Nov. 5, 1918.) 

Public school houses which, as such, may be exempted from 
taxation under the provisions of this section of the constitution are 
such as belong to the public, and are designed for schools estab- 
lished and conducted under public authority. Gerke v. Purcell, 25 
O. S. 229. 

However, schools which are not public in this sense but which 
are carried on for the benefit of the public and not with a view 
to profit, are "institutions of purely public charity" within the 
meaning of the former provision of this section of the constitution, 
which authorizes such institutions to be exempted from taxa- 
tion, lb. 

Exemption from taxation of property belonging to colleges 
and academies provided by Section 5349 of the General Code, ex- 
tends to all buildings and lands that are used in furthering and car- 
rying out the necessary objects and purposes of the institution. 



12 PROVISIONS OF CONSTITUTION OF OHIO 

Kenyon College v. Schnebly, 12 O. C. C. 1 ; affirmed, Schnebly v. 
Kenyon College, 81 O. S. 514. 

Residences occupied by the president and professors of such 
college are exempt, as also is vacant land of the college from which 
no revenue is derived, but land used for agricultural purposes or 
pasturage is not exempt. Kenyon College v. Schnebly, supra. 

Property which is used for college purposes alone is exempt 
from taxation. Myers v. Akins, 8 O. C. C. 228. 

A building which is owned by a college and which is used for 
commercial purposes is not exempt although the income therefrom 
is applied to college purposes. Cincinnati College v. State, 19 O. 
S. 110. 

Held, that Section 5353 of the General Code exempting from 
taxation an endowment fund of a college which belongs exclusively 
to it and which is devoted solely to deriving an income for its 
support is within the authority conferred upon the legislature by this 
section of the constitution. Little v. Seminary, 72 O. S. 417. 

School property is not liable to assessment for a street im- 
provernent; nor can a judgment be rendered against the board of 
education for the payment of the assessment out of its contingent 
funds. City of Toledo v. Board of Education, 48 O. S. 83. 

It appearing that Section 16 of school lands in a certain 
township was vested in the State for school purposes by an act of 
Congress, it was held that there is no special statutory provision 
making such lands liable to assessments for road improvements; 
and that, inasmuch as such an assessment would be in violation of 
the trust defined by agreement between the State and the United 
States, the trustees of said section have no power to consent to 
such an assessment. Op. Atty. Gen. (1911) p. 1034. 

Held, that Oberlin College being conducted without a view to 
individual pecuniary gain, is a public college within the meaning of 
Section 5349 General Code; and that lands owned by said college 
and dormitories thereon from which a rental is collected and de- 
voted to the aims of the institution, are exempt from taxation. 

Held, further, that the endowment fund of said college is 
likewise exempt from taxation. Op. Otty. Gen. (1911) p. 1298. 

When a part of the real estate of an institution of public 
charity only is rented for commercial purposes, said part being 
certain rooms of a building owned and occupied by said institution, 
such rooms so rented may not be exempted from taxation under 
the provisions of Section 5353 General Code. 

Authority for the enactment of that part of Section 5349 
General Code, which provides "public colleges and academies and 
all buildings connected therewith and all lands connected with 
public institutions of learning not used with a view to profit shall 
be exempt from taxation" may be found in the provisions of Sec- 
tion 2 of Article XII of the Constitution which authorizes the 
exemption from taxation of the property of institutions of public 
charity. Op. Atty. Gen. (1916) p. 1640. 

No part of the cost of the improvement of a street on which 
school property, used exclusively for public school purposes abuts, 
can be assessed against such property, and the board of education 
of the school district in which such property is located is neither 
required nor authorized to pay any part of the cost of said improve- 
ment out of its contingent fund, or to levy a tax for said purpose. 
Op. Atty. Gen. (1916) p. 663. 

"Bonds issued by a board of education are subject to taxation 
with the exception of such bonds as were issued and outstanding" 
on. January 1, 1913. Op. Atty. Gen. (1920) p. 378. 

Section 5. No tax shall be levied, except in pursu- 
ance of law; and every law imposing a tax, shall state, 
distinctly, the object of the same, to which only, it shall be 
applied. 

Funds raised by taxes levied for sinking fund purposes can- 
not be diverted and* used for other purposes. Op. Atty. Gen., No. 
1816, Jan. 26, 1921. 



PROVISIONS OF CONSTITUTION OF OHIO 13 

Section ii. No bonded indebtedness of the state, orsinking fund, 
any political subdivisions thereof, shall be incurred or re- 
newed, unless, in the legislation under which such indebted- 
ness is incurred or renewed, provision is made for levying 
and collecting annually by taxation an amount sufficient 
to pay the interest on said bonds, and to provide a sinking 
fund for their final redemption at maturity. (Adopted Sep- 
tember 3, 1912.) 

Under this provision of the constitution, the payment of in- 
terest and retirement of bonds are to be provided for first, and the 
levy of taxes to pay current expenses becomes to this extent a 
secondary consideration. Rabe v. Board of Education, 88 O. S. 
403, 423. 

Section 11 of Article XII of the Constitution of Ohio requires 
the taxing authority of any political subdivision of the state pro- 
posing to issue bonds, to provide at the time the issue of bonds is 
authorized, for levying and collecting annually by taxation an 
amount sufficient to pay the interest on the bonds proposed to be 
issued and to provide for their final redemption at maturity. This 
provision made at the time the issue of bonds is authorized is man- 
datory on all subsequent taxing officials of that political subdivision 
during the term of the bonds. Link v. Karb, 89 O. S. 326. 

Although it is not necessary that the provision for levying and 
collecting by taxation the amount sufficient to pay the interest on 
the bonds and to provide a sinking fund for their final redemption 
should be contained in the ordinance or resolution which authorizes 
the issue of such bonds, and such provision for annual tax levies 
for said purposes can be made by subsequent ordinance or resolu- 
tion prior to the actual issue of the bonds, it is in all cases desirable 
that said provision for tax levies should be made in the ordinance 
or resolution providing for the issue of the bonds. See Link v. 
Karb, supra. 

Held, on a consideration of the case of Rabe v. Board of 
Ediication, 88 O. S. 403, that Section 7629 General Code, providing 
for the issue of bonds by boards of education for school purposes, 
is still in effect ; and that tax levies for interest and sinking fund 
purposes with respect to bonds issued under the authority of said 
section of the General Code, are subject to the provisions of the 
Smith One Per Cent. Law, so-called, and of Section 11 of Article 
XII of the Constitution. Op. Atty. Gen. (1914) p. 1078. 

Where serial bonds are issued by a board of education for 
school purposes, Section 11 of Article XII of the State Constitu- 
tion requires provision to be made for a levy of taxes for both 
interest and sinking fund purposes during the entire number of 
years between the incurring of the indebtedness and the date of the 
maturity of the last of the series ; and where the resolution of the ' 
Board of Education providing for the issue of serial bonds bearing 
date of March 1, 1918, by its terms provides that the first annual 
levy shall be made in 1919, such resolution is illegal and the bonds 
therein provided for should be rejected. Op. Atty. Gen. (1918) 
p. 634. 

The resolution of a board of education providing for the is- 
suance of bonds must provide for the annual levy and collection of 
taxes to pay the interest on said bonds, and to cover an aliquot 
part of the particular indebtedness thus created. The levies on 
account of principal may not be made substantially different for 
the several years during which the bonds are to run ; and if such 
bonds are to be issued in series, and sinking fund levies in the strict 
sense are not provided for, levies on account of principal being lim- 
ited to that which is payable in any year, the series must be so 
arranged as that substantially equal amounts of principal shall ma- 
ture in each year of the life of the bonds. Op. Atty. Gen. (1^18) 
p. 873. 



14 



Oath of of- 
ficers. 



PROVISIONS OF CONSTITUTION OF OHIO 

ARTICLE XV 

Section 7. Every person chosen or appointed to any 
office under this state, before entering upon the discharge 
of its duties, shall take an oath or affirmation, to support 
the Constitution of the United States, and of this state, and 
also an oath of office. 



Terms of 
officers, 
vacandes, 
etc. 



ARTICLE XVII 

Section 2. The term of office of the governor, lieu- 
tenant governor, attorney-general, secretary of state and 
treasurer of state shall be two years and that of the auditor 
of state shall be four years. The term of office of judges of 
the supreme court and circuit courts shall be such even 
number of years not less than six (6) years as may be 
prescribed by the general assembly ; that of the judges of the 
common pleas court six (6) years and of the judges of the 
probate court, four {4) years, and that of other judges 
shall be such even number of years not exceeding six (6) 
years as may be prescribed by the general assembly. The 
term of office of justices of the peace shall be such even 
number of years not exceeding four (4) years, as may be 
prescribed by the general assembly. The term of office of 
the members of the board of public works shall be such 
even number of years not exceeding six (6) years as may 
be so prescribed; and the term of office of all elective 
county, township, municipal and school officers shall be 
such even number of years not exceeding four (4) years 
as may be so prescribed. 

And the general assembly shall have power to so 
extend existing terms of office as to effect the purpose of 
section i of this article. 

Any vacancy which may occur in any elective state 
office other than that of a member of the general assembly 
or of governor, shall be filled by appointment by the gov- 
ernor until the disability is removed, or a successor elected 
and qualified. Every such vacancy shall be filled by election 
at the first general election for the office which is vacant, 
that occurs more than thirty (30) days after the vacancy 
shall have occurred. The person elected shall fill the office 
for the unexpired term. All vacancies in other elective 
offices shall be filled for the unexpired term in such manner 
as may be prescribed by law. (As adopted November 7, 
1905: 97 V. 641.) 



CHAPTER 1 

CODE PROVISIONS OF GENERAL APPLICATION 



Section 



1. 



17-1. 



28. 

29. 

30. 
260-1. 
486-1. 

486-2. 
486-3. 



486-4. 
486-5. 



486-7. 
.486-8. 



Oath, when required, includes affirma- 
tion. 

All officers required to take oath of 
office. 

Oath of office required to be taken. 

Office vacant if person elected or ap- 
pointed does not qualify. 

Officers to hold until successors quali- 
fied. 

Term of appointee to elective office. 

Members of General Assembly in- 
eligible to certain appointments and 
and employments; exceptions. 

Hours constituting a day on public 
• work. 

Gifts, devises and bequests to public 
authorities. 

Suits to recover illegal losses on de- 
posits by public officers. 

Fees and moneys to be paid into 
state treasury, weekly. 

Official flag of Ohio; one shall be tar- 
nished each company of O. N. G. 

Floral emblem of the state. 

Device of coat of arms of the state. 

Beginning of fiscal year. 

Definition of terms used in civil serv- 
ice grade. 

Method of appointment. 

State civil service commission; ap- 
pointments, terms, vacancies and re- 
moval. 

Salary and expenses of commissioners. 

Organization of commission and record 
of proceedings. 

Rooms and accommodations for state 
commission. 

Powers and duties of commission. 

Classified and unclassified service under 
civil service law defined. 



Section 

4S6. 



Rules to be adopted for classification 
of positions and employments. 

Examinations; exceptions as to soldiers, 
sailors, and nurses. 

Statements required in applications for 
examination. 

Preparation of eligible lists. 

How appointments to be made from 
eligible lists. 

Temporary and exceptional appoint- 
ments. 

Positions and examinations therefor. 

Transfers and re-instatements. 

Reductions, lay-offs, and suspensions. 
486-l7a. Tenure of office, removals. 
486-18. Establishment of grades with respect to 
efficiency. 

Municipal civil service commission; ap- 
pointments, terms, duties, vacancies, 
removals. 

Division of state into civil service dis- 
tricts. 

Pay-rolls and approval thereof. 

Investigations by civil service commis- 
sion. 

Political assessments and political 
activities prohibited. 

Fraud in examinations prohibited. 

Payment for positions or employment 
prohibited. 

Abuse of political power. 

Abuse of political influence. 

Penalty for violation of civil service 
law or of valid rules made by the 
civil service commission. 

Right of tax-payer to enjoin payment 
of compensation to officer or em- 
ploye. 

Who shall prosecute for violations of 
civil service law. 
486-31. Schedule. 



486-10. 

486-11. 

486-12. 
486-13. 

486-14. 

486-15. 
486-16. 
486-17. 



486-19. 



486-20. 

486-21. 
486-22. 

486-23. 

486-24. 
486-25. 

486-26. 
486-27. 
486-28. 



486-29. 



486-30. 



Section i. The word "oath" includes affirmation. Oath includes 
When an oath is required or authorized by law, an affirma- ^^^"^^t*""- 
tion in lieu thereof may be taken by a person having con- 
scientious scruples to taking an oath. An affirmation has 
the same force and effect as an oath. 

HISTORY.— R. S. § 1; 51 V. 57, § 596; S. & C. 1130. 

Section 2. Each person chosen or appointed to an ah officers 
office under the constitution or laws of the state, and each ™"J*o*/^offic? 
deputy or clerk of such officer, shall take an oath of office 
before entering upon the discharge of his duties. The 
failure to take such oath shall not afifect his liability or 
the liability of his sureties. 

history.— Rev. Stat, of 1880. See also Sayler, 2197. 

Section 3. The oath of office of each judge of a oath of office 
court of record shall be to support the constitution of the of judges and 

-r-r . I r-. , i • • r 1 • . 1 • other officers. 

United States and the constitution of this state, to admin- 
ister justice without respect to persons, and faithfully and 

(15) 



i6 



CODE PROVISIONS OF GfiNERAL APPLlCAtlON 



impartially to discharge and perform all the duties incum- 
bent on him as such judge, according to the best of his 
ability and understanding. The oath of office of every 
other officer, deputy or clerk, shall be to support the con- 
stitution of the United States and the constitution of 
this state, and faithfully to discharge the duties of his 
office. 

HISTORY.— R. S. § 3; 50 v. 67 § 19; S. & C. 381. 

An office is SECTION J. A person elected or appointed to an office 

p?rs"n does*^notwbo is required by law to give a bond or security previous 
qualify. to the performance of the duties imposed on him by his 

office, who refuses or neglects to give such bond or furnish 
such security, within the time and in the manner prescribed 
by law, and in all respects to qualify himself for the per- 
formance of such duties, shall be deemed to have refused 
to accept the office to which he was elected or appointed, 
and such office shall be considered vacant and be filled as 
provided by law. 

HISTORY.— R. S. § 19; 29 v. 407, § 4; S. & C. 888. 

Officers to SECTION 8. A pcrsou holding an office of public trust 

cei^ors'^quaii-* shall coutinuc therein until his successor is elected or ap- 
fied. pointed and qualified, unless otherwise provided in the 

constitution or laws. 

HISTORY.— Revised Statutes of 1880. 

The president of a board of education is an officer within the 
provisions of this section. State ex rel v. Withrow 11 O. C. C. 
(N.S.) 569. 

The clerk of the board of education is a public officer within 
the purview of this section of the General Code, and as such con- 
tinues in office until his successor is elected or appointed and quali- 
fied. State ex rel v. Cave, 4 O. C. C. (N. S.) 647. ^ 

Boards of education which failed to organize on the first 
Monday of January next after the election of the members of such 
board, should organize under the provisions of Section 4747 Gen- 
eral Code, as soon as the matter of their failure to organize is called 
to their attention. 

The president and vice-president of such boards hold over 
only until the board of which they are members reorganizes. Op. 
Atty. Gen. (1917) p. 40. 



Term of ap- 
pointee to elec- 
tive office. 



Section io. When an elective office becomes vacant, 
and is filled by appointment, such appointee shall hold the 
office until his successsor is elected and qualified. Unless 
otherwise provided by law, such successor shall be elected 
for the unexpired term at the first general election for the 
office which is vacant that occurs more than thirty days 
after the vacancy shall have occurred. This section shall 
not be construed to postpone the time for such election 
beyond that at which it would have been held had no such 
vacancy occurred, nor to affect the official term, or the time 
for the commencement thereof, of any person elected to 
such office before the occurence of such vacancy. 

HISTORY.— Revised Statutes of 1880. 

A vacancy does not occur in office where there is an incumbent 
duly authorized to hold over, and who is legally qualified to per- 
form the duties of the office. Op. Atty. Gen. (1917) p. 1676. 



CODE PROVISIONS OF GENERAL APPLICATION IJ 

Under the provisions of Section 4748 General Code a person 
elected by the board of education of a school district to fill a vacancy 
caused by the resignation of a member of such board, holds office 
for the unexpired term for which the member so resigning was 
elected, and until his successor is elected and qualified. Op. Atty. 
Gen. (1915) p. 1566. 

In the case of vacancies in the school board filled by appoint- 
ment, Section 10 General Code provides that a successor shall be 
elected for the unexpired term at the first general election for such 
office, if such vacancy occurs more than thirty days before such 
election. 

Such appointee, however, has the same right as an elective 
officer to hold over until his successor is elected and qualified. Op. 
Atty. Gen, (1912) p. 1102. 

Section 15. No member of either house of the gen- Members of 
eral assembly except in compliance with the provisions of Ify^ineiSbi?^" 

this act (G. G. § 15) shall: to certain ap- 

V, . , ^ , pointments 

1 — Be appomted as trustee or manager of a benevo- and employ- 
lent, educational, penal or reformatory institution of the "^^" ^' 
state, supported in whole or in part by funds from the state 
treasury ; 

2 — Serve on any committee or commission authorized 
or created by the general assembly, which provides other 
compensation than actual and necessary expenses; 

3 — Accept any appointment, employment or office 
from any committee or commission authorized or created 
by the general assembly, or from any executive, or ad- 
ministrative branch or department of the state, which pro- 
vides other compensation than actual and necessary ex- 
penses. 

Any su(;h appointee, officer or employee who accepts* 
a certificate of election to either house shall forthwith re- 
sign as such appointee, ofhcer or employee and in case he 
fails or refuses to do so, his seat in the general assembly 
shall be deemed vacant. Any member of the general 
assembly who accepts any such appointment, office or em- 
ployment, shall forthwith resign from the general assembly 
and in case he fails or refuses to do so, his seat in the 
general assembly shall be deemed vacant. But the provi- Exceptions, 
sions of this section shall not apply to school teachers, 
township officers, justices of the peace, notaries public or 
officers of the militia. 

HISTORY.— R. S. § 18-1; 87 v. 241; lOi v. 252; 106 v. 306. 

Section 17-1. Except in case of extraordinary emerg- Number of 
ency, not to exceed eight hours shall constitute a day's \°^^^ a°"day's 
work and not to exceed forty-eight hours a week's work, for work; week's 
workmen engaged on any public work carried on or aided ^"'^ * 
by the state, or any political subdivision thereof, whether 
done by contract or otherwise; and it shall be unlawful 
for any person, corporation or association, whose duty it 
shall be to employ or to direct and control the services of 
such workmen, to require or permit any of them to labor 
more than eight hours in any calendar day or more than 
forty-eight hours in any week, except in cases of extra- 

2 S. L. 



CODE PROVISIONS OF GENERAL APPLICATION 

ordinary emergency. This section shall be construed not 
to include policemen or firemen. 

HISTORY.— 10.3 V. 854, § 1; lOS v. Pt. II, 1286. 

The expression "extraordinary emergency" in this section 
which provides that eight hours shall constitute a day's work on pub- 
lic work except in an extraordinary emergency, means an unexpected 
situation which arises in an extraordinary and unforeseen manner. 
State V. Walters 60 Bull. 481. 

If a board of education delays about a month after the sum- 
mer vacation has begun in authorizing the superintendent of build- 
ings to enter into a contract for constructing a rest room in the 
corridor of a school building, and such work cannot be done con- 
veniently while the school is in session, the fact that it is important 
to complete such rest room before school opens does not justify a 
contractor, who takes such contract with knowledge of the facts, 
in requiring and permitting his workmen to work more than eight 
hours a day; especially if such result might have been accomplished 
by employing extra shifts of men for eight hours or less each. 
State V. Walters, supra. 

Held, that the provisions of this section apply to janitors of 
state normal schools. Op. Atty. Gen. (1916) p. 479. 

The law calling for an eight hour day on public works does 
not apply to educational institutions such as Miami University. Such 
an institution is not a public work in the senff; intended by the 
statute. Op. Atty. Gen. (1914) p. 283. 



Gifts, devises SECTION 1 8. The State, a county, township or cemetery 

to^pSbSc^au- association, the commissioners or trustees thereof, a munici- 
thorities. pal corporation, the council, a board or other officers thereof, 

a benevolent, educational, penal or reformatory institution, 
wholly or in part under the control of the state, the board 
of directors, trustees or other officers thereof, may receive 
by gift, devise or bequest, moneys, lands or other proper- 
ties, for their benefit or the benefit of any of those under 
their charge, and hold and apply the same according to the 
terms and conditions of the gift, devise or bequest. This 
section shall not affect the statutory provisions as to devises 
or bequests for such purposes. 

HISTORY.— R. S. § 20; 78 v. 109; 66 v. 8, § 1; 74 v. 38, § 20; 75 v. 42, § 1. 

A county can take by will for the purpose of education, and 
such gift vests in the board of county commissioners of such 
county, and it may distribute for such purposes as it may choose : 
Christy v. Commissioners,x41 O. S. 711. 

Illegal loans SECTION 1 9. The State, a county, township, municipal 

PubH?office«! corporation, or school board, shall not be precluded by the 
illegal loan or deposit by an officer or agent of public money, 
funds, bonds, securities, or assets, belonging to it, from 
suing for and recovering the same. Such suit shall not 
be held to be an adoption or satisfaction of such illegal 
transaction. 

HISTORY.— R. S. § 21; 60 v. 64, § 1; S. & S. 920. 

Fees and SECTION 24. On or before Monday of each week 

moneys to be evcrv State officcr, state institution, department, board, com- 

paid into state . -i ,, 111 -^ ., • • - . 

treasury mission, collegc, normal school or university receiving state 

weekly. ^.^ ^j^^jj p^^ ^^ ^^^ treasurer of state all moneys, checks 

and drafts received for the state, or for the use of any such 



CODE PROVISIONS OF GENERAL APPLICATION 



19 



State officer, state institution, department, board, commis- 
sion, college, normal school or university receiving state 
aid, during the preceding week, from taxes, assessments, 
licenses, premiums, fees, penalties, fines, costs, sales, rentals 
or otherwise, and file with the auditor of state a detailed, 
verified statement of such . receipts. Where tuitions and 
fees are paid to the officer or officers of any college, normal 
school or university receiving state aid, said officer or 
officers shall retain a sufficient amount of said tuition fund 
and fees to enable said officer or officers to make refunds of 
tuition and fees incident to conducting of said tuition fund 
and fees. At the end of each term of any college, normal 
school or university receiving state aid the officer or officers 
having in charge said tuition fund and fees shall make and 
file with the auditor of state an itemized statement of all 
tuitions and fees received and disposition of the same. 

HISTORY. — R. S. §200-2; 97 v. 535, § 1; 104 v. 178. 

Ohio_ University, Miami University, Ohio State University and 
the^ cornbined normal and industrial department of Wilberforce 
University are_ not affected by the provisions of section 24, Gen- 
eral Code, which provides that state officers, departments, iDoards 
and commissions shall pay to the treasurer of state on or before 
Monday of each week all moneys received by them during the 
preceding week. Op. Atty. Gen. (1914) p. 61. 

See Opinions of Attorney General (1920) p. 567, cited under 
Sec. 7807-3. 



Section 28. The flag of the state of Ohio shall be official flag of 
pennant shaped. It shall have three red and two white hori- S^'^f^irn^slied"*" 
zontal stripes; the union of the flag shall be seventeen five- of'^ q *^°n ^ g"^ 
pointed stars, white in a blue triangular field, the base of 
which shall be the staff end or vertical edge of the flag, 
and the apex of which shall be the center of the middle 
red stripe. The stars shall be grouped around a red disc 
superimposed upon a white circular "O". The proportional 
dimensions of the flag and of its various parts shall be 
according to the official design thereof on file in the office 
of the secretary of state. One state flag of uniform dimen- 
sions shall be furnished to each company of the Ohio 
National Guard. 

HISTORY. — R. S. § 23a; 95 v. 445; 106 v. 341. As to displaying foreign 
flags on public buildings, see G. C. § 12395. 

Section 29. The scarlet carnation is hereby adopted pio^ai emblem 
as the state flower of Ohio as a token of love and reverence ^^ t^^ state. 
for the memory of William McKinley. 

HISTORY. — 97 V. 631. 

Section 30. The coat of arms of the state of Ohio j^^^-^^^ ^^ 
shall consist of the following device: A shield, in form, a coat of arms 
circle ; on it, in the foreground, on the right, a sheaf of ° ^*^*^* 
wheat; on the left, a bundle of seventeen arrows, both 
standing erect ; in the background, and rising above the 
sheaf and arrows, a mountain range, over which shall 
appear a rising sun. 

HISTORY. — R. S. § 15; 65 v. 175, § 1; S. & S. 729. As to use of 
coat of arms on seal, see appendix, § 13904. 



20 



CODE PROVISIONS OF GENERAL APPLICATION 



Definitions. 



Method of 

pointment. 



Section 260-1. For all state officers, departments, 
commissions, boards and institutions of the state the fiscal 
year shall be and is hereby fixed to begin on the first day 
of July in each year and to end on the last day of June 
of the succeeding year, 

HISTORY. —106 V. 508; 103 v. 661, § 1. 

[Section 486-ia]. Section 486-1. 

1. The term "civil service" includes all offices and 
positions of trust or employment in the service of the state 
and the counties, cities and city school districts thereof. 

2. The "state service" shall include all such offices 
and positions in the service of the state or the counties 
thereof, except the cities and city school districts. 

3. The term "classified service" signifies the competi- 
tive classified civil service of the state, the several coun- 
ties, cities and city school districts thereof. 

4. The term "state commission" signifies the state 
civil service commission of Ohio. 

5. The term "municipal commission" signifies the mu- 
nicipal civil service commission of a city, 

6. The term "appointing authority" signifies the offi- 
cer, commission, board, or body having the power of ap- 
pointment to or removal from positions in any office, 
department, commission, board or institution. 

7. The term "commission" shall signify either the 
state civil service commission of Ohio or the civil service 
commission of any municipality. 

8. The term "employe" or "subordinate" signifies any 
person holding a position subject to appointment, removal, 
promotion or reduction by an appointing officer. 

' history.— 106 V. 400- 103 v. 698, § 1. The same General Code sec- 
tion number (§ 486-1) was given by the Legislature to 103 v. 119 (131), and 
by the Attorney General to 103 v. 698, § 1. Accordingly it is necessary to 
change the General Code section number of 103 v. 698, § 1, from G. C. § 486-1 
to [G. C. § 486-la]. 

This and the following sections of the General Code, consti- 
tuting the civil service law were enacted for the purpose of carry- 
ing into effect the provisions of Section 10 of Article V of the Ohio 
Constitution adopted September 3, 1912, and are constitutional and 
valid. Green v. Civil Service Commission 90 O. S. 253. 

Officers, positions and employments in villages and village 
school districts are not included in the operation of the civil service 
law of this state. Op. Atty. Gen. (1916) p. 1186. 

Section 486-2. On and after the taking effect of 
this act (G. C. §§ 486-1 to 486-31), appointments to and 
promotions in the civil service of the state, the several 
counties, cities and city school districts thereof, shall be 
made only according to merit and fitness to be ascertained 
as far as practicable by competitive examination; and 
thereafter no person shall be appointed, removed, trans- 
ferred, laid off, suspended, reinstated, promoted or reduced 
as an officer or employe in the civil service of the state, 
the several counties, cities and city school districts thereof, 
in any manner or by any means other than those prescribed 



CODE PROVISIONS OF GENERAL APPLICATION 21 

in this act or by the rules of the state or municipal civil 
service commissions within their respective jurisdictions 
as herein provided. 

HISTORY.— 106 V. 400 (401) ; 103 v. 698, § 2. 



Section 486-3. After this act (G. C. §§ 486-1 to 486- state 



civil 



31) goes into effect the governor shall appoint, by and mission -^ap! 
with the advice and consent of the senate, two persons of pointment, 
recognized character and ability to serve, one for two years r^oVal**^^"*^^' 
and one for four years, as civil service commissioners, who 
shall constitute the state civil service commission of Ohio. 
Upon the expiration of the term of office of each commis- 
sioner so appointed, his successor shall be appointed by the 
governor to serve for a period of four years from the date 
of his appointment and until a successor is appointed and 
qualified. A vacancy in the office of commissioner shall 
be filled by the governor for the remainder of the unex- 
pired term. 

The governor may remove any member of the state 
civil service commission at any time for inefficiency, neg- 
lect of duty, or malfeasance in office, having first given 
to the commissioner a copy of the charges against him 
and an opportunity to be publicly heard in person or by 
counsel in his own defense, and any such act or removal 
by the governor shall be final. A statement of the findings 
of the governor, the reasons for his actions, and the answer, 
if any, of the commissioner, shall be filed by the governor 
with the secretary of state and shall be open to public 
inspection. At the time of any appointment both com- 
missioners shall not be adherents of the same political 
party. 

No commissioner shall hold any other office oi profit 
or trust under the government of the United States, the 
state of Ohio, or any political subdivision thereof. 

HISTORY.— IC6 V. 400 (401); 103 v. 698 (699), § 3. 

Section 486-4. Each commissioner shall devote his salary and ex- 
entire time to the duties of his office and shall receive an penses. 
annual salary of four thousand dollars, and his necessary 
traveling expenses incurred in the discharge of his offi- 
cial duties. 

HISTORY.— 106 V. 400 (401); 103 v. 698 (699), § 4. 

Section 486-5. The governor at the time of the ap- organization; 
pointment of the commission, or member thereof, shall desig- ceedings^and°' 
nate one of its members as chairman. The commission examinations, 
shall appoint, from an eligible list to be prepared by said 
commission, within thirty days after its appointment, a 
secretary who shall be ex-officio chief examiner, whose duty 
it shall be, under the direction of the commission, to keep 
minutes of the proceedings of the commission, preserve all 
reports made to the commission, keep the records of all 
examinations, superintend the examinations, and perform 
such other and further duties as the commission shall pre- 



22 



CODE PROVISIONS OF GENERAL APPLICATION 



Quorum. 



Appointment 
of examiners, 
inspectors, 
clerks, etc.; 
compensation 
and expenses; 
powers and 
duties. 



scribe. The salary of the secretary shall be not to exceed 
thirty-six hundred dollars per annum, to be fixed by the 
commission. 

Two members of the commission shall constitute a 
quorum for the transaction of business. 

The commission may also appoint such examiners, in- 
spectors, clerks and other assistants as may be necessary 
to carry out the provisions of this act (G. C. §§ 486-1 to 
486-31), and fix their salaries within the Hmits of the ap- 
propriation made by the general assembly for that purpose. 
The commission may designate persons in or out of the offi- 
cial service of the state to serve as examiners or assistants 
under its direction. Each such person shall receive such com- 
pensation for each day actually and necessarily spent in the 
discharge of his duties as examiner or assistant as shall 
be determined by the commission; provided, however, that- 
if any such examiner or assistant is in the official service 
of the state, or any political subdivision thereof, it shall 
be a part of his official duties to render such services in 
connection with such examinations, without extra com- 
pensation. The secretary, examiners, inspectors, clerks and 
assistants shall, in addition to their salaries, receive such 
necessary traveling and other expenses as are incurred in 
the actual discharge of their official duties. The commis- 
sion may also incur the necessary expenses for stationery, 
printing and other supplies incident to the business of the 
department. All salaries and expenses shall be approved 
and allowed by the commission and paid out of the treas- 
ury of the state on the warrant of the auditor, in the same 
manner as the salaries and expenses of other state officers 
are paid. 

HISTORY.— IC6 V. 400 (402); 103 v. 698 (699), § 5. 



Rooms and ac- 
commodations. 



Section 486-6. The state commission shall maintain 
suitable offices in the city of Columbus ; and it shall be the 
duty of the officers of the state, or any political subdivision 
thereof, at any place where examinations are directed to be 
held by the commission, to allow the reasonable use of 
public buildings and rooms and to furnish the same with 
heat and light, for holding such examinations, and in all 
proper ways to facilitate the work of the commission in 
carrving out the provisions of this act. (G. C. §§486-1 to 
486-31). 

HISTORY.— 106 V. 400 (402); 103 v. 698 (700), § 6. 



Powers and 
duties. 



Rules and 
regulations. 



Records. 



Section 486-7. The commission shall. 
First: Prescribe, amend and enforce administrative 
rules for the purpose of carrying out and making effectual 
the provisions of this act (G. C. §§ 486-1 to 486-31). 

Second : Keep minutes of its own proceedings and 
records of its examinations and other official actions. All 
such records, except recommendations of former employers, 
shall be open to public inspection under reasonable regula- 



CODE PROVISIONS OF GENERAL APPLICATION 23 

tions; provided, however, that the governor or any person 
designated by him, may, for the purpose of investigation, 
have free access to all such records, whenever he has 
reason to believe that the provisions of this act or the 
administrative rules of the commission prescribed there- 
under, are being violated. 

Third : The commission shall prepare, continue and Record of per- 
keep in its office, a complete roster of all persons in the fied%l"vSr^*' 
classified service. This roster shall be open to public in- 
spection at all reasonable hours. It shall show in reference 
to each of such persons, his name, address, the date of his 
appointment to or employment in such service, his salary 
or compensation, the title of the place or office which he 
holds, the nature of the duties thereof, and, in case of his 
removal or resignation, the date of the termination of such 
service. 

" Fourth : Make investigations, either sitting in banc or investigations 
throu2:h a sinHe commissioner or the chief examiner, con- and enforce- 

• 11 1 • 1 (• ^ rr c m^nt of pro- 

cernmg all matters touchmg the enforcement and efcect of visions of law. 
the provisions of this act and the administrative rules of the 
commission prescribed thereunder. In the course of such 
investigations each commissioner and the chief examiner 
shall have the power to administer oaths and affirmations 
and to take testimony relative to any matter which the com- 
mission has authority to investigate. _ 

Fifth: Have the power to subpoena and require the production of 
attendance and testimony of witnesses and the production f^^^^^^^' 
thereby of books, papers, public records and other docu- 
.mentary evidence pertinent to the investigations, inquiries, 
or hearings on appeal from the action or decision of an 
appointing officer as is herein authorized, and to examine 
them as it may require in relation to any matter which it 
has authority to investigate, inquire into or hear. Fees 
shall be allowed to witnesses, and on their certificate, duly 
audited, shall be paid by the state treasurer, or in the case 
of municipal commissions by the county treasurer, for at- 
tendance and traveling, as is provided in section 3012 of 
the General Code for witnesses in courts of record. All 
officers in the civil service of the state or any of the polit- 
ical subdivisions thereof and their deputies, clerks, sub- 
ordinates and employes shall attend and testify when sum- 
moned so to do by the commission. Depositions of wit- 
nesses may be taken by the commission in the manner pre- 
scribed by law for like depositions in civil actions in the 
courts of common pleas. In case any person, in disobedi- 
ence to any subpoena issued by the commission, or any of 
them, or their chief examiner, fails or refuses to attend and 
testify to any matter regarding which he may be lawfully 
interrogated, or produce any documentary evidence per- 
tinent to any investigation, inquiry or hearing, it shall be 
the duty of the court of common pleas of any county, or 
any judge thereof, where such disobedience, failure or re- 
fusal occurs, upon application of the state commission, or a 



24 



CODE PROVISIONS OF GENERAL APPLICATION 



Hearing in 
matters of 
appeal. 



Annual report. 



municipal commission, or any commissioner thereof, or 
their chief examiner, to compel obedience by attachment 
proceedings for contempt as in the case of disobedience of 
the requirements of a subpoena issued from such courts 
or a refusal to testify therein; 

Sixth: Hear appeals from the decisions of appointing 
officers of persons in the classified service, who have been 
reduced in pay or position, laid off, suspended, discharged 
or discriminated against by such appointing authority; 

Seventh: Make a report to the governor annually, 
on or before the first day of January of each year, show- 
ing its own actions, the rules and all exceptions thereto in 
force, and any recommendations for the more effectual 
accomplishment of the purposes of this act. The commis- 
sion shall also furnish any special reports to the governor 
whenever the same are requested by him. Such reports 
shall be printed for public distribution, under the same 
regulations as are the reports of other state officers, boards 
or commissions. 

HISTORY.— 106 V. 400 (403); 103 v. 698 (700), § 7. For an analogous 
section, see P. & A. Code § 4483, which was R. S. Bates, § 1536-697; 99 v. 566, 
§ 161; 96 V. 73, § 161; P. & A. Code § 4486, which was R. S. Bates, § 1536-700; 
m V. 567, § 164; 96 v. 74, § 164; P. & A. Code § 4492, which v^as R. S. Bates, 
§ 1536-718; 96 v. 78, § 182; P. & A. Code § 4493, which was R. S. Bates, § 1536- 
718; 96 V. 78, § 182; P. & A. Code §4494, which was R. S. Bates, § 1536-718: 
96 V. 78, § 182; and P. & A. Code § 7690-2, which was 101 v. 154. 

For the present statute with reference to the reports of state officers, 
see G. C. § 2264-1. 



Positions ia 

unclassified 

service. 



Section 486-8. The civil service of the state of Ohio 
and the several counties, cities and city school districts 
thereof shall be divided into the unclassified service and the 
classified service. 

(a) The unclassified service shall comprise the fol- 
lowing positions which shall not be included in the classi- 
fied service, and which shall be exempt from all exam- 
inations required in this act. 

1. All officers elected by popular vote or persons ap- 
pointed to fill vacancies in such offices. 

2. All election officers and "the employes and clerks 
of persons appointed by boards of deputy supervisors and 
inspectors of elections. 

3. The members of all boards and commissions and 
heads of principal departments, boards and commission 
[commissions] appointed by the governor or by and with 
his consent; and the members of all boards and commis- 
sions and all heads of departments appointed by the mayor, 
or if there be no mayor such other similar chief appointing 
authority of any city or city school district. Provided, 
however, that nothing contained in this act shall exempt the 
chiefs of police departments and chiefs of fire departments 
of municipalities from the competitive classified service as 
provided in this act [G. C. §§486-1 to 486-31]. 

4. The members of county or district licensing boards 
or commissions, and boards of revision and assistant as- 
sessors. 



CODE PROVISIONS OF GENERAL APPLICATION 25 

5. All officers and employes elected or appointed by 
either or both branches of the general assembly, and such 
employes of the city council as are engaged in legislative 
duties. 

6. All commissioned, non-commissioned officers and 
enlisted men in the military service of the state including 
military appointees in the offices of the adjutant-general. 

7. All presidents, directors, superintendents, princi- 
pals, instructors and teachers connected with the public 
school system, colleges and universities ; and the library 
staff of any library in the state supported wholly or in 
part at public expense. 

8. Three secretaries, assistants or clerks and one per- 
sonal stenographer for each of the elective state officers ; 
and two secretaries, assistant or clerks and one personal 
stenographer for other elective officers and each of the prin- 
cipal appointive executive officers, boards or commissions, 
except civil service commissions, authorized by law to ap- 
point such secretary, assistant or clerk and stenographer. 

9. The deputies of elective or principal executive 
officers authorized by law to act for and in the place of 
their principals and holding a fiduciary relation to such 
principals. 

10. Bailiffs, constables, official stenographers and com- 
missioners of courts of record,and such officers and em- 
ployes of courts of record as the commission may find it 
impracticable to determine their fitness by competitive ex- 
amination. 

11. Assistants to the attorney-general, special counsel 
appointed or employed by the attorney-general, assistants 
to county prosecuting attorneys and assistants to city so- 
Hcitors. 

12. Such teachers and employes in the agricultural 
experiment stations; such teachers in the benevolent, penal 
or reformatory institutions of the state; such student em- 
ployes in normal schools, colleges and universities of the 
state; and such unskilled labor positions as the state com- 
mission or any municipal commission may find it imprac- 
ticable to include in the competitive classified service; pro- 
vided, that such exemptions shall be, by order of the com- 
mission, duly entered on the record of the commission with 
the reasons for each such exemption. 

(b) The classified service shall comprise all persons persons in 
in the employ of the state, the several counties, cities and ^^^j,^^^ 
city school districts thereof, not specifically included in 
the unclassified service, to be designated as the competi- 
tive class and the unskilled labor class. 

I. The competitive class shall include all positions and 
employments now existing or hereafter created in the 
state, the counties, cities and city school districts thereof, 
for which it is practicable to determine the merit and fit- 
ness of applicants by competitive examinations. Appoint- 



26 CODE PROVISIONS OF GENERAL APPLICATION 

ments shall be made to, or employment shall be given in, 
all positions in the competitive class that are not filled by- 
promotion, reinstatement, transfer or reduction, as provided 
in this act, and the rules of the commission, by appoint- 
ment from those certified to the appointing officer in accord- 
ance with the provisions of this act. 

2. The unskilled labor class shall include ordinary un- 
skilled laborers. Vacancies in the labor class shall be 
filled by appointment from lists of applicants registered by 
the commission. The commission shall in its rules require 
an applicant for registration in the labor class to furnish 
such evidence or take such tests as it may deem proper 
with respect to age, residence, physical condition, ability to 
labor, honesty, sobriety, industry, capacity and experience 
in the work or employment for which he applies. Labor- 
ers who fulfill the requirements shall be placed on the 
eligible list for the kind of labor or employment sought 
and preference shall be given in employment in accordance 
with the rating received from such evidence or in such 
tests. Upon the request of an appointing officer, stating the 
kind of labor needed, the pay and probable length of em- 
ployment, and the number to be employed, the commission 
shall certify from the highest on the list, double the number 
to be employed, from which the appointing officer shall 
appoint the number actually needed for the particular 
work. In the event of more than one applicant receiving 
the same rating, priority in time of application shall de- 
termine the order in which their names shall be certified 
for appointment. 

HISTORY.— 106 V. 400 (404); 103 v. 698 (701), § 8. For an analogous 
section, see P. & A. Code § 4479, which was R. S. Bates, § 1536-694; 99 v. 565, 
§ 158; 96 V. 72, § 158; and P. & A. Code § 7690-1, which was 101 v. 154. 

Held, that under the rules of the board of education of Cin- 
cinnati, a janitor of a public school building is an employe of the 
board rather than an independent contractor, and that as such, he 
is within the classified service. State ex rel v. Witt 3 App. 414, 20 
O. C. C. (N. S.) 529. 

The civil service commission of a city has control and super- 
vision of the city school district in which said city is located. 

Janitors of school buildings in such city school district are in 
the classified lists under the provisions of Section 486-8 General 
Code, and may be appointed only as provided by the law relating to 
appointments in such service. Op. Atty. Gen. (1916) p. 185. 

Clerks of boards of education are in the unclassified service 
by virtue of the provisions of paragraph 8 of Section 486-8 Gen- 
eral Code. Op. Atty. Gen. (1916) p. 185. 

Members of the county board of school examiners authorized 
by Section 7811 General Code, are not subject to the civil service 
law. Op. Atty. Gen. (1914) p. 1301. 

Paragraph 12 of Section 8 of the civil service law (Section 
486-8 General Code) includes the institutions and schools therein 
mentioned, whether the same be those of the state at large or 
whether they be under the control of political sub-divisions thereof. 
Op. Atty. Gen. (1917) p. 1405. 

In city school districts all persons in the employ of the board 
of education of such city school district are in the classified ciyil 
service unless they are directors, superintendents, principals, in- 
structors or teachers, as provided in paragraph 7 of Section 486-8 
General Code. Op. Atty. Gen. (1920) p. 80. 



CODE PROVISIONS OF GENERAL APPLICATION 



Under Section 486-8 of the General Code, the municipal civil 
service commission of each city in the state is the civil service com- 
mission of the city school district in which such city is located, and 
such municipal civil service commission has authority to conduct 
examinations for all positions and employments under the board 
of education of such city school district unless the positions there- 
under come within the exemptions mentioned within Section 486-8 
General Code. Op. Atty. Gen. (1920) p. 80. 

The directors connected with the public school system, men- 
tioned in paragraph 7 of Section 486-8 General Code, are the di- 
rectors of schools in city school districts, as provided for in sec- 
tions 7695, 7696, 7697 and 7698 General Code, and the statutes do 
not recognize any other kind of directors in connection with the 
public school system of the state Op. Atty. Gen. (1920) p. 80. 

The board of education of a city school district is compelled, 
under the civil service act of the state, to make its appointments of 
employes of the board from eligible lists prepared by the civil service 
commission including all positions which are not specifically ex- 
empted by the civil service, act of Ohio. Op. Atty. Gen. (1920) p. 88. 

Section 486-9. As soon as practicable after the tak- 
ing effect of this act [G. C. §§486-1 to 486-31], the com- 
mission shall put into effect rules for the classification of 
offices, positions and employments, in the civil service of 
the state and the several counties thereof ; for appointment, 
promotions, transfers, lay-offs, suspensions, reductions, re- 
instatements and removals therein and examinations and 
registrations therefor ; and for maintaining and keeping 
records of the efficiency of officers and employes in accord- 
ance with the provisions of this act. Due notice of the 
contents of such rules and of all changes therein shall be 
given to appointing officers affected thereby, and such rules 
shall also be printed for public distribution ; provided, how- 
ever, that until such rules are adopted and in force, the 
rules existing when this law takes effect shall continue in 
force. 



HISTORY.— 106 V. 40r (406); 103 v. 698 (702), § 
section, see P. & A. Code § 4486, which was R. S. Bates, 
§ 164; 96 V. 74, § 164. 



Rules and 
classification. 



'. For an analogous 
§ 1536-700; 99 v. 567, 



ons; 
exception as 
to soldiers, 
sailors and 
nurses. 



Section 486-10. Air applicants for positions and Examinati 
places in the classified service shall be subject to exam- 
ination which shall be public, competitive and free for 
all, within certain limitations, to be determined by the com- 
mission, as to citizenship, residence, age, sex, experience, 
health, habits and moral character : provided, however, that 
any soldier, sailor, marine or Red Cross nurse who has 
served in the army or navy or hospital service of the United 
States in the war of the Rebellion, the war with Spain, 
or the war with the Central Powers of Europe who has 
been honorably discharged therefrom and is a resident of 
Ohio, may file with the civil service commission a certifi- 
cate of service and honorable discharge, whereupon his 
name shall be placed upon an eligible list by the commis- 
sion, from which eligible list he may be appointed to any 
position in the civil service of the state which such ap- 
pointing power may deem him qualified to fill. Such exam- 
inations shall be practical in character and shall relate 
directly to those matters which will fairly test the relative 



2& 



CODE PROVISIONS OF GENERAL APPLICATION 



capacity of the person examined to discharge the particular 
duties of the position for which appointment is sought, and 
shall, when appropriate, include tests of physical quali- 
fications, health and manual skill. 

Notice of time The State commission shall have control of all exam- 

Sammltfon.^ iuatious, cxcept as otherwise provided in this act [G. C. 
§486-10]. No questions in any examination shall relate 
to political or religious opinions or affiliations. Reason- 
able notice of the time and place and general scope of 
every competitive examination for appointment to a posi- 
tion in the civil service, except as otherwise provided for 
in this act, shall be given by the commission. Written or 
printed notices of every examination for the state classi- 
fied service shall- be sent by the commission to the county 
clerk of each county in the state, and to the city clerk of 
each municipality of the state, and such notices, promptly 
upon receipt by them, shall be posted in conspicuous places 
in the court house of the county and in the city hall of 
the municipality, respectively. Such notices shall also be 
posted in a conspicuous place in the office of the com- 
mission for at least two weeks before any examination. 
In case of examinations limited by the commission to a 
district, county or city, the commission shall provide in its 
rules for adequate publicity of such examinations in the 
district, county or city, within which competition is per- 
mitted. 

HISTORY.— 108 V. Pt. II 1198; 106 v. 4C0 (406); 103 v. 698 (702), § 10. 
For an analogous section, see P. & A. Code § 4480, which was R. S. Bates, 
)9 V. 566, § 159; 9Q v. 73, § 159; and see also R. S. § 1545-141. 



Statements re- SECTION 486-11. The commissiou shall require per- 

quired in ap- sous applying for admission to any examination, provided 
for by this act or by the rules of the commission pre- 
scribed thereunder, to file with the commission within a 
reasonable time prior to the proposed examination a formal 
application in which the applicant shall state under oath 
or affirmation: 

(i) Full name, residence and postoffice address. 

(2) Nationality, age and place and date of birth. 

(3) Health anci physical capacity for the public 
service sought. 

(4) Business and employments and residences for 
five previous years. 

(5) Such other information as may be reasonably 
required touching the applicant's merit and fitness for the 
public service sought; but no inquiry shall be made as to 
any religious or political opinions or affiliations of the ap- 
plicant. 

Examination No fee or Other assessment shall be charged for ex- 

^««- amination for positions, provided for by this act or by the 

rules of the commission prescribed thereunder, where the 
annual salary does not exceed six hundred dollars; for 
positions where the annual salary exceeds six hundred 
dollars and is less than one thousand dollars, an examina- 



CODE PROVISIONS OF GENERAL APPLICATION ^9 

tion fee of fifty cents shall be charged; for positions where 
the annual salary is one thousand dollars or more, an 
examination fee of one dollar shall be charged. All fees 
collected under the provisions of this act shall be paid 
into the state treasury to the credit of the general revenue 
fund, or in the case of cities into the city treasury. 

Blank forms for applications shall be furnished by the Blank forms; 
commission without charge to any persons requesting the ^°usa?^o^°cer- 
same. The commission may require in connection with tify eligible, 
such application such certificate of persons having knowl- 
edge of the apphcant as the good of the service may de- 
mand. The commission may refuse to examine an appli- 
cant, or after an examination to certify an eligible, who is 
found to lack any of the established preliminary require- 
ments for the examination or who is physically so disabled 
as to be rendered unfit for the performance of the duties 
of the position which he seeks, or who is addicted to the 
habitual use of intoxicating liquors or drugs to excess, or 
who has been guilty of any crime or of infamous or noto- 
riously disgraceful conduct, or who has been dismissed 
from either branch of the civil service for delinquency or 
misconduct, or who has made false statements of any mate- 
rial fact, or practiced, or attempted to practice, any decep- 
tion or fraud in his application or in his examination, in 
establishing his eligibility or securing his appointment. 

HISTORY.— 106 V. 4C0 (407); 103 v. 698 (703), § 11. 

Whether a person totally blind is physically unfit for the posi- 
tion of superintendent of the state school for the blind is to be 
determined by the civil service commission under authority of this 
section, and not by the appointing authority, the state board of 
administration; but said state board of administration may take 
this circumstance into consideration in making the appointment 
from the certified list under Section 486-13, General Code. State v. 
Board of Administration, 92 O. S. 457. 

Section 486-12. From the returns of the examina- Eligible lists, 
tions the commission shall prepare an eligible list of the 
persons whose general average standing upon examinations 
for such grade or class is not less than the minimum fixed 
by the rules of the commission and who are otherwise 
eligible; and such persons shall take rank upon the eligible 
list as candidates in the order of their relative excellence 
as determined by the examination without reference to 
priority of time of examination. In the event of two or 
more applicants receiving the same mark in an examina- 
tion, priority in the time of application shall determine the 
order in which their names shall be placed on the eligible 
list. The term of eligibility of each list shall be fixed by 
the commission at not less than one year nor more than 
two years. When an eligible list is reduced to three names 
or Jess a new list shall be prepared. 

HISTORY.— 106 V. 4O0 (408); 103 v. 698 (704) § 12. For analogous sec- 
tion, see P. & A. Code § 4481, which was R. S. Bates, § 1536-696; 99 v. 666, 
§ 160; 96 V. 73, § 160; and P. & A. Code § 7690-2, which was 101 v. 164. 



30 CODE PROVISIONS OF GENERAL APPLICATION 

Appointments, SECTION 486- 1 3. The head of a department, officer 

ow ma e. ^^ institution in which a position in the classified service 
is to be filled shall notify the commission of the fact, and 
the commission shall, except as provided in sections 486-14 
and 486-15 of the General Code, certify to the appointing 
officer thereof the na,mes and addresses of the three candi- 
dates standing highest on the eligible list for the class or 
grade to which said position belongs. In the event that 
an eligible list becomes exhausted, through inadvertence or 
otherwise, and until a new list can be created, or when 
no eligible list for such position exists, names may be certi- 
fied from eligible lists most appropriate for the group or 
class in which the position to be filled is classified. A 
person certified from an eligible list more than three times 
to the same appointing officer for the same or similar posi- 
tions, may be omitted from future certifications to such 
officer, provided that certification for a temporary appoint- 
ment shall not be counted as one of such certifications. 

Appointments to all positions in the classified service, 
as herein defined, that are not filled by promotion, trans- 
fer or reduction, as provided for in this act and the rules 
of the commission prescribed thereunder, shall be made 
only. from those persons whose names are certified to the 
appointing officer in acordance with the provisions of this 
act [G. C. §§ 486-1 to 486-31], and no employment, except 
as provided in this act, shall be otherwise given in the 
classified service of this state or any political subdivision 
thereof. The appointing officer shall notify the commis- 
sion of each position to be filled and shall fill such position 
by appointment of one of the three persons certified to 
him as provided in this act. Forthwith, upon such ap- 
pointment and employment, each appointing officer shall 
report to the proper civil service commission the name of 
such appointee or employee, the title and character of his 
office, the duties of same, the date of the commencement 
of same, and the salary or compensation thereof, and such 
other information as the commission requires in order to 
keep the roster herein mentioned. All original and promo- 
tional appointments shall be for a probationary period of 
not to exceed three months to be fixed by the rules of the 
commission, and no appointment or promotion shall be 
deemed finally made until the appointee has satisfactorily 
served his probationary period. At the end of the pro- 
bationary period the appointing officer shall transmit to the 
commission a record of the employe's service, and if such 
service is unsatisfactory, the employe may, with the ap- 
proval of the commission, be removed or reduced without 
restriction ; but dismissal or reduction may be made during 
such period as is provided for in section 486-17 and 486- 17a 
of the General Code. Any person who is appointed to a 
position in the classified service under the provisions of 
this act, except temporary and exceptional appointments, 
shall be or become forthwith a resident of the state. 

HISTORY— IG6 V. 400 (408); 108 v. 608 (704), § 13. For an analogous 
section, see P. & A- Code § 4481, which was R. S. Bates, § 1536-696; 99 v. 



CODE PROVISIONS OF GENERAL APPLICATION 3^ 

566, § 163'; 96 v. 73, § 160; P. & A. Code § 4482, which was R. S. Bates, § 1596- 
697; 99 v. 566, § 161; 96 v. 73, § Wl; P. & A. Code § 7690-3, which was 101 v. 
154; and P. & A. Code § 7690-4, which was 101 v. 154. 

Section 486-14. Positions in the classified service Temporary and 
may be filled without competition as follows : appointments!^ 

I. Whenever there are urgent reasons for filling a 
vacancy in any position in the classified service and the 
commission is unable to certify to the appointing officer, 
upon requisition by the latter, a list of persons eligible for 
appointment after a competitive examination, the appoint- 
ing officer may nominate a person to the commission for 
non-competitive examination, and if such nominee shall 
be certified by the commission as qualified after such non- 
competitive examination, he may be appointed provision- 
ally to fill such vacancy until a selection and appointment 
can be made after competitive examination; but such pro- 
visional appointment shall continue in force only until 
regular appointment can be made from eligible lists pre- 
pared by the commission, and such eligible lists shall be 
prepared within ninety days thereafter. In case of an 
emergency an appointment may be made without regard 
to the rules of this act [G. C. §§486-1 to 486-31], but in 
no case to continue longer than thirty days, and in no- case 
shall successive appointtments be made ; provided, however, 
that interim or temporary appointments, made necessary by 
reason of sickness or disability of regular officers, em- 
ployes or subordinates shall continue only during such 
period of sickness or disability, subject to rules tO' be 
provided for by the commission. 

2. In case of a vacancy in a position in the classified 
service where peculiar and exceptional qualifications of a 
scientific, managerial, professional, or educational character 
are required, and upon satisfactory evidence that for speci- 
fied reasons competition in such special case is impracticable 
and that the position can best be filled by a selection of 
some designated person of high and recognized attainments 
in such qualities, the commission may suspend the provi- 
sions of the statute requiring competition in such case, but 
no suspension shall be general in its appHcation to such 
place, and all such cases of suspension shall be reported in 
the annual report of the commission with the reasons for 
the same. 

3. Where the services to be rendered by an appointee 
are for a temporary period, not to exceed one month, and 
the need of such service is important and urgent, the ap- 
pointing officer may select for such temporary service any 
person on the. proper list of those eligible for permanent 
appointment. Successive temporary appointments to the 
same position shall not be made under this provision. The 
acceptance or refusal by an eligible of a temporary appoint-. 
ment shall not affect his standing on the register for per- 
manent employment; nor shall the period of temporary 



32 



CODE PROVISIONS OF GENERAL APPLICATION 



Promotions; 
examinations. 



service be counted as a part of the probationary service 
in case of subsequent appointment to a permanent position. 

HISTORY.^106 V. 400 (409); 103 v. 698 (706), § 14. For an analogous 
section, see P. & A. Code § 4488, which was R. S. Bates, § 1536-702; 99 v. 667, 
§ 165; 96 V. 75, § 160; and P. & A. Code § 7690-6, which was 101 v. 154. 

Section 486-15. Vacancies in positions in the classi- 
fied service shall be filled in so far as practicable by promo- 
tions. The commission shall provide in its rules for keep- 
ing a record of efficiency for each employe in the classified 
service, and for making promotions in the classified service 
on the basis of merit, to be ascertained as far as practicable 
by promotional examinations, by conduct and capacity in 
office, and by seniority in service; and shall provide that 
vacancie;-^ shall be filled by promotion in all cases where, 
in the judgment of the commission, ~ it shall be for the best 
interest of the service so to fill such vacancies. All ex- 
aminations for promotions shall be competitive. In pro- 
motional examinations efficiency and seniority in service 
shall form a part of the maximum mark attainable in such 
examination. In all cases where vacancies are to be filled 
by promotion, the commission shall certify to the appointing 
authority only the name of the person having the highest 
rating. The method of examination for promotions, the 
manner of giving notice thereof, and the rules governing 
the same shall be in general the same as those provided for 
original examinations, except as otherwise provided herein. 

HISTORY.— 108 V. 400 (410); 103 v. mS (706), § 15. For an analogous 
section, see P. & A. Code §4480, which was R. S. Bates, § 1536-695; 99 v. 566, 
§ 159; 96 V. 73, § 159; see, also, R. S. § 154&-141; and P. & A. Code § 7690-2, 
which was 101 v. 154. 



Transfers and 
reinstatements. 



Section 486-16. With the consent of the commis- 
sion, a person holding an office or position in the classified 
service may be transferred to a similar position in another 
office, department or institution having the same pay and 
similar duties ; but no transfer shalt be made from an office 
or position in one class to an office or position in another 
class, nor shall a person be transferred to an office or 
position for original entrance to which there is required 
by this act [G. C. §§ 486-1 to 486-31], or the rules adopted 
pursuant thereto, an examination involving essential tests 
or qualifications or carrying a salary different from or 
higher than those required for original entrance to an office 
or position held by such person. 

Any person holding an office or position under the 
classified service who has been separated from the service 
without delinquency or misconduct on his part rnay, with 
the consent of the commission, be reinstated within one 
year from the date of such separation to a vacancy in the 
same or similar office or position in the same department ; 
and whenever any permanent office or position in the classi- 
fied service is abolished or made unnecessary, the person 
holding such office or position shall be placed by the com- 
mission at the head of an appropriate eligible list, and for 



CODE PROVISIONS OF GENERAL APPLICATION 33 

a period of not to exceed one year shall be certified to an 
appointing officer as in the case of original appointments. 

HISTORY.— 1C6 V. 400 (4n) ; 103 v. €98 (705), § 16. 

Section 486-17. No person shall be reduced in pay Reductions, 
or position, laid off, suspended, discharged or otherwise suspensions 
discriminated against by an appointing officer for religious 
or political reasons or affiliations. In all cases of reduc- 
tion, lay-off or supension of an employe or subordinate, 
whether appointed for a definite term or otherwise, the 
appointing authority shall furnish such employe or sub- 
ordinate with a copy of the order of lay-off, reduction or 
suspension and his reasons for the same, and give such 
employe or subordinate a reasonable time in which? to make 
and file an explanation. Such order together with the ex- 
planation, if any, of the subordinate shall be filed with the 
commission. Nothing in this act contained shall limit the 
power of an appointing officer to suspend without pay, for 
purposes of discipline, an employe or subordinate for a 
reasonable period, not exceeding thirty days; provided, 
however, that successive suspensions shall not he allowed, 
and provided further that the provisions of this section 
shall not apply to temporary and exceptional appointments 
made under the authority of section 486-14 of the General 
Code. 

history.— 106 V. 400 (411); 103 v. 698 (707), § 17. For an analogous 
section, see P. & A. Code § 4412, which was R. S. § 2115; R. S. Bates, 
§ 1536-727; 102 v. 44 ; 97 v. 331; 05 v. 423; 90 v. 8S; 85 v. 60; 66 v. 202, § 306; 
P. & A. Code § 4485, which was R. S. Bates, § 1536-698; 99 v. 567, § 162; 96 
V. 74, § 162; see also R. S. § 1545-24; and P. & A. Code § 4487, which was 
R. S. Bates, § 1636-703; 101 v. 297; 99 v. 567, § 166; 96 v. 75, § 167. 

Section 486-i7a. The tenure of every officer, employ Tenure of of- 
[employe] or subordinate in the classified service of the fice; removals, 
state, the counties, cities or city school districts thereof, 
holding a position under the provisions of this act, shall be 
during good behavior and efficient service; but any such 
officer, employe or subordinate may be removed for incom- 
petency, inefficiency, dishonesty, drunkenness, immoral con- 
duct, insubordination, discourteous treatment of the public, 
neglect of duty, violation of the provisions of this act 
[G. C. §§486-1 to 486-31] or the rules of the commission, 
or any other failure of good behavior, or any other acts 
of misfeasance, malfeasance or nonfeasance in office. 

In all cases of removal the appointing authority shall 
furnish such employe or subordinate with a copy of the 
order of removal and his reasons for the same, and give 
such officer, employe or subordinate a reasonable time in 
which to make and file an explanation. Such order with 
the explanation, if any, of the employe or subordinate shall 
be filed with the commission. Any such employe or sub- 
ordinate so removed may appeal from the decision or order 
of such appointing authority to the state or municipal com- 
mission, as the case may be, within ten days from and 
after the date of such removal, in which event the com- 
mission shall forthwith notify the appointing authority and 

9, S. L. 



34 CODE PROVISIONS OF GENERAL APPLICATION 

shall hear, or appoint a trial board to hear, such appeal 
within thirty days from and after its filing with the com- 
mission, and it may affirm, disaffirm or modify the judg- 
ment of the appointing authority, and the commission's de- 
cision shall be final ; provided, however, that in case of the 
removal of a chief of police or chief of the fire department 
of a municipality an appeal may be had from the decision 
of the municipal commission to the court of common pleas 
of the county in which such municipality is situated to 
determine the sufficiency of the cause of removal. Such 
appeal shall be taken within ten days from the finding of 
the commission. 

HISTORY.— 1C6 V. 400 (412). For an analogous section, see P. & A. 
Code § 4412. which was R. S. § 2115; Bates R. S. § 153-5.-727 ;' 102 v. 44; 97 v. 
aSl; 95 V. 42.3: 90 v. 88; So v. 60; 66 v. 202, § 305; P. & A. Code § 4477, which . 
was R. S. Bates, § 1536-692; 96 v. 72, § 1.'6; see also R. ^ "S L'^t.=;--23 a-^d 
1^45-141 ; P. & A. Code § 4484, which was R. S. Bates, § 1536-6^; 102 v. U; 
99 V. 567, § 162: 93 v. 74, § 162; see also R. S. § ]5;5-ll2; P. & A. Code § 44tb, 
which was R. S. Bates. § 1536-698; 99 v. 567, § 162: 96 v. 74. § 162: s^^e also 
R. S. § 1.545-24; P. & A. Code § 44S7, which was R. S. Bates, § 1536-703; 101 
V. 297; 99 v. 567, § 166; 96 v. 75. § 167; P. & A. Code § 4505. which was R. S. 
Bates, § .1536-722; 101 v. 297; S6 v. 79, § 1S6; and P. & A. Code § 7693-5, which 
was 101 V. 154. 

A removal under this section can be made only by following 
the procedure therein outlined. Such procedure is not jcomulete 
unless the order of removal with the explanation, if any, of the 
subordinate is filed with the civil service commission. The ten day 
period in which an appeal to the commission lies begins to run on 
the date of such filing. 

The reasons to be furnished to the employe by the appointing 
authority and grounds for removal, although not required to be as 
specific and particular as an indictment, must give the employe such 
notice of the character of the charges against him as to enable him 
to make his explanation. In case of general charges, such as in- 
competenc}', the nature of the incompetency must be set forth. In 
the case particular acts such as immoral conduct, negligence of 
duty, etc., such acts should be described and identified with suffi- 
cient particularity as to enable the subordinate to recognize and 
explain them. Op. Atty. Gen. (1918), p. 237. 

Efficiency; es- SECTION 486-18. The commission shall from time to 

tabFshment of time make investigations for the purpose of ascertaining 
^"^^ ^^' the duties imposed by law and practice upon each officer 

and employe or subordinate in the classified service, the 
manner in which such duties are performed, the cost 
thereof, and such other facts as v/ill enable the commission 
to determine the efficiency of such officers and employes and 
subordinates. The commission shall estabhsh grades in 
the classified service, based upon similarity of duties and 
salaries ; shall standardize employment in each grade ; shall 
prescribe factors or quantities to be used in marking the 
relative efficiency of each officer and emoloye or subordinate 
in such grades ; shall fix standards of efficiency to be main- 
tained by officers and employes or subordinates ; and shall 
keep a record of the efficiencv markinq^s for each officer and 
employe or subordinate in the classified service. 

Duties of of- All officers and employes or subordinates in the state, 

ficers and em- the scvcral couutics, citics and city school districts thereof, 

ciency records, whether in the classified service or not, shall promptly and 

correctlv report to the commission any information required 



CODE PROVISIONS OF GENERAL APPLICATION 



35 



by the rules of the commission relative to the conduct, 
capacity, and efficiency of any officer, employe or subordin- 
ate in the classified service under his supervision. The 
records, reports and markings of efficiency in each depart- 
ment, office and institution shall be open at all times to 
inspection by the commission and shall be subject to review 
and correction by the commission. The efficiency records 
of the commission respecting each department, board, com- 
mission, or institution; shall be open to the heads of such 
department, board, commission or institution ; and each 
officer and employe or subordinate shall have the right to 
be informed of the efficiency markings recorded for him 
by the commission. 

The commission shall report to the officer in charge 
of a department, board, commission or institution its find- 
ings and recommendations relative to increasing the effi- 
ciency therein ; and all cases of failure of officers, employes 
or subordinates therein to maintain a satisfactory efficiency 
record, shall be sufficient ground for the dismissal of any 
such officer, employe or subordinate. Such reports shall 
be deemed public records. 

HISTORY.— 1C6 V. 400 (412); 103 v. 698 (707), §18. 

Section 486-19. The mayor or other chief appointing M^-icipai civil 
authority of each city in the state shall appoint three per- ^j^^ion.^°™; 
sons, one for a term of two years, one for four years, and pointmeiit, 
one for six years, who shall constitute the municipal civil vlcTnrfesf ^re- 
service commission of such city and of the city school "^ovais. 
district in which such city is located ; provided, however, 
that members of existing municipal commissions shall con- 
tinue in office for the terms for which they have been ap- 
pointed and until their successors are appointed and have 
qualified. Each alternate year thereafter the mayor or 
other chief appointing authority shall appoint one person, 
as successor of the member whose term expires, to serve 
six years and until his successor is appointed and qualified. 
A vacancy shall be filled by the mayor or other chief ap- 
pointing authority of a city for the unexpired term. At 
the time of any appointment not more than two commis- 
sioners shall be adherents of the same political party. Such 
municipal commission shall prescribe, amend and enforce 
rules not inconsistent with the provisions of this act for 
the classification of positions in the civil service of such 
city and city school district; for examinations and registra- 
tions therefor ; and for appointments, promotions, removals, 
transfers, lay-offs, suspensions, reductions and reinstate- 
ments therein; and for standardizing positions and main- 
taining efficiency therein. Said municipal commission shall 
have and exercise all other powers and perform all other 
duties with respect to the civil service of such city and city 
school district, as herein prescribed and conferred upon the 
state civil service commission with respect to the civil serv- 
ice of the state ; and all authority granted to the state com- 
mission with respect to the service under its jurisdiction 



3t> CODE PROVISIONS OF GENERAL APPLICATION 

shall, except as otherwise provided in this act, be held to 
grant the same authority to the municipal commission v^ith 
respect to the service under its jurisdiction. The procedure 
applicable to reductions, suspensions and removals, as pro- 
vided for in section 486-17 and 486- 17a of the General 
Code, shall govern the civil service of municipalities. The 
expense and salaries of any of such municipal commission 
shall be determined by the council of such city and a suffi- 
cient sum of money shall be appropriated each year to 
carry out the provisions of this act [G. C. §§ 486-1 to 
486-31] in such city. 

If the appointing authority of any such city fails to 
appoint a civil service commission or commissioner, as pro- 
vided by law, within sixty days after he has the power to 
so appoint, or after a vacancy exists, the state commission 
shall make the appointment, and such appointee shall hold 
office until the expiration of the term of the appointing 
' authority of such city and until the successor of such ap- 
pointee is appointed and qualified. If any such municipal 
commission fails to prepare and submit such rules and' 
regulations in pursuance of the provisions of this act [G. C. 
§§ 486-1 to 486-31] within six months after this act goes 
into effect, the state commission shall forthwith make such 
rules. The provisions of this act shall in all other respects, 
except as provided in this section, be in full force and effect 
in such cities. 

It shall be the duty of each municipal commission to 
make reports from time to time, as the state commission 
may require, of the manner in which the law and the rules 
and regulations thereunder have been and are being ad- 
ministered, and the results of their administration in such 
city and city school district. A copy of the annual report 
of each such municipal commission shall be filed in the 
office of the state commission as a public record. 

Whenever the state commission shall have reason to 
believe that a civil service commission of any city is violat- 
ing or is failing to perform the duties imposed upon it by 
law, or that any member of such municipal commission is 
wilfully or through culpable negligence violating the pro- 
visions of the law or failing to perform his duties as a 
member of such commission, it may institute an investiga- 
tion, and if it shall find any such violation or failure to 
perform the dutes [duties] imposed by law, it shall make a 
report of such violation in writing to the chief executive 
authority of such city, which report shall be a public record. 
The chief executive authority of such city may at any time 
remove any municipal civil service commissioner for ineffi- 
ciency, neglect of duty, or malfeasance in office, having first 
given to such commissioner a copy of the charges against 
him and an opportunity to be publicly heard in person or 
by counsel in his own defense, and any such act of removal 
shall be final. 

The mayor shall have the exclusive right to suspend the 
chief of the police department or the chief of the fire de- 



C(J\)E L'RUXISIONS UF GENERAL APPLICATION 37 

partmeiit for incompetence, gross neglect of duty, gross im- 
morality, habitual drunkenness, failure to obey orders given 
him by the proper authority or for any other reasonable 
and just cause. If either the chief of police or chief of the 
fire department is so suspended the mayor forthwith shall 
certify such fact, together with the cause of such suspen- 
sion, to the municipal civil service commission, who within 
five days from the date of receipt of such notice shall pro- 
ceed to hear such charges and render judgment thereon, 
which judgment may affirm, disaffirm or modify the judg- 
ment of the appointing officer, and an appeal may be had 
from the decision of the commission to the court of com- 
mon pleas as is provided for in section 486-i7a of the Gen- 
eral Code to determine the sufficiency of the cause of re- 
moval. 

HISTORY.— K6 V. 4O0 (413): 103 v. 698 (708), § 19. For an analogous 
section, see P. & A. Code § 43S1. which was R. S. Bates, § 1536-688; 96 v. 
71, § 152; see also R. S. § 1749: P. & A. Code § 4478, which was R. S. Bates, 
§ 1.5.36-693; 99 v. 56.5, § 157; 96 v. 72, § 157: see also R. S. § 1545-165a; P. & A. 
Code § 44S7, which was R. S. Bat-^s, !? 1536-703; 101 v. 297; 99 v. .567, § 166; 
98 V. 75, § 167; P. & A. Code § 4490. which was R. S. Bates, § 15.36-7C6; 96 v. 
76, § 170; P. & A. Code § 4505," which was R. S. Bates, § 1536-722; 101 v. 297; 
96 V. 79, § 186; and P. & A. Code § 7690-2, which was 101 v. 154. 

The money necessary to carry out the provisions of the civil 
service act in a city and city school district is to be appropriated 
by the council and paid from the city treasury. The board of 
education has no authority to contribute thereto out of the funds 
of the school district. Op. Atty. Gen. (1918) p. 523. 

Section 486-20. For the purpose, of administration civil service 
the state civil service commission may divide the state into districts. 
civil service districts and establsh an officer in each of such 
districts. The cornmission may place in charge of each such 
district an assistant whose duties and compensation shall 
be determined and fixed by the rules of the commission. 

HISTORY.— 106 V. 400 (415); 103 v. 698 (709), § 20. 

Section 486-21. After the taking eft'ect of this act it Pay rolls. 
shall be unlawful for the auditor of state, or for any fiscal 
officer of any county, city or city school district thereof, to 
draw, sign or issue or authorize the drawing, signing or 
issuing of any warrant on the treasurer or other disbursing 
officer of the state, or of any county, city or city school 
district thereof, to pay any salary or compensation to any 
officer, clerk, employe, or other person in the classified serv- 
ice unless an estimate, payroll or account for such salary 
or compensation containing the name of each person to be 
paid, shall bear the certificate of the state civil service com- 
mission, or, in case of the service of a city, the certificate 
of the municipal service commission of such city, that the 
persons named in such estimate, payroll or account have 
been appointed, promoted, reduced, suspended, or laid off 
or are employed in pursuance of this act [G. C. §§ 486-1 to 
486-31] and the rules adopted thereunder. 

Any sum paid contrary to the provisions of this sec- 
tion may be recovered from any officer or officers making 
such payment in contravention of the provisions of law and 



.^8 



CODE l'Rc;\ ISIONS OF GENERAL Al'l'LlCATlON 



of the rules made in pursuance of law; or from any officer 
signing or countersigning or authorizing the signing or 
countersigning of any warrant for the payment of the same, 
or from the sureties on his official bond, in an action in the 
courts of the state, maintained by a citizen resident therein. 
All moneys recovered in any action brought under the 
provisions of this section must, when collected, be paid into 
the treasury of the state or appropriate civil division there- 
of, except that the plaintiff in any action shall be entitled 
to recover his own taxable costs of such action. 



HISTORY.— 106 V. 403 (415); 103 v. 698 (710), § 21. 
section, see P. & A. Code § 4491, which was R. S. Bates, § 
§ 181; and P. & A. Code, § 4504, which was R. S. Bates, 
78, § ISO. 



For an analogous 
1536-717; 96 v. 78, 
§ 1536-716; 96 v. 



Investigations 
by commis- 
sion. 



Political assess- 
ments; polit- 
ical activity. 



In any city school district of the state it is unlawful for the 
fiscal officer of such city school district to issue any warrant on the 
disbursing officer of such city school district to pay any salary or 
compensation to any employe in the classified service unless such 
pay-roll has been approved by the municipal civil service commis- 
sion of the cit}^ in which such city school district is located. Op. 
Atty. Gen. (3 920), p. 80. 

Section 486-22. Whenever a civil service commission 
shall have reason to believe that any officer, board, commis- 
sion, head of a department, or person having the power of 
appointment, lay-oft, suspension or removal, has abused 
such pow'er by making an appointment, lay-off, reduction, 
suspension, or removal in violation of the provisions of this 
act [G. C. §§ 486-1 to 486-31],- it shall be the duty of the 
commission to make an investigation, and if it shall find 
that such violation of the provisions or the intent and spirit 
of this act has occurred, it shall make a report thereof to 
the governor, or in the case of a municipal officer or em- 
ploye to the mayor or other chief appointing authority, who 
shall have the power to remove forthwith such guilty officer, 
board, commission, head of department, or personj an op- 
portunity first having been given to such officer, employe 
or subordinate of being publicly heard in person or by 
counsel in his own defense, and such action of removal by 
the governor, mayor or other chief appointing authority 
shall be final except as otherwise provided herein. 

HISTORY.— IC6 V. 400 (416); 103 v. em (710), § 22. For an analogous 
section, see P. & A. Code § 4489, which was R. S. Bates, § 15^-705; 96 v. 
76, § 169. 

Section 486-23. No officer, employe or subordinate 
in the classified service of the state, the several counties, 
cities and city school districts thereof, shall directly or in- 
directly, orally or by letter, solicit or receive, or be in any 
manner concerned in soliciting or receiving any assessment, 
subscription or contribution for any political party or for 
any candidate for public office ; nor shall any person solicit 
directly or indirectly, orally or by letter, or be in any man- 
ner concerned in soliciting any such assessment, contribu- 
tion or payment from any offtcer, employe, or subordinate 
in the classified service of the state, the several counties, 
cities or city school districts thereof ; nor shall any officer 



CODE PROXISIONS OF GENERAL APPLICATION 39 

or employe in the olassitied service of the state, the several 
counties, cities and city school districts theieof be an officer 
in any political organization or take part in politics other 
than to vote as he pleases and to express freely his political 
opinions. 

. HISTORY.— 106 V, 4€0 (416); 103 v. 698 (UO), § 23. For an analogous 
section, see P. & A. Code § 4497, which was R. S. Bates, § 153&-713; 96 v. 
77, § 177; P. & A. Code § 4500, which was R. S. Bates, § 1536-711; 96 v. 77. 
§ 175; and P. & A. Code § 4501, which was R. S. Bates, § 1536-712; 96 v. 
77, § 176. 

The provisions of Section 486-23, General Code, apply to per- 
sons temporarily occupying positions in the classified service under 
the provisions of Paragraph 1 of Section 486-14, General Code. Op. 
Atty. Gen. (1920), p. 491. 



a->iination pr 
hihited. 



Section 486-24. No person or officer shall wilfully Frauds in ex- 
or corruptly by himself or in cooperation with one or more 
persons defeat, deceive, or obstruct any person in respect 
of his or her right of examination, appointment or employ- 
ment according to this act, or to any rules or regulations 
prescribed pursuant thereto ; or wilfully or corruptly, falsely 
mark, grade, estimate or report upon the examination or 
proper standing of any person examined, registered or 
certified pursuant to the provisions of this act [G. C. §§ 
486-1 to 486-31], or aid in so doing; or wilfully or corruptly 
make any false representations concerning the same, or con- 
cerning the person examined; or wilfully or corruptly 
furnish to any person any special or secret information for 
the purpose of either improving or injuring the prospects 
or chances of any person so examined, registered or certi- 
fied, or to be examined, registered or certified ; or personate 
any other person, or permit or aid in any manner any per- 
son to personate him, in connection with any examination, 
registration or appointment or application or request to be 
examined, registered or appointed; or who shall furnish 
any false information about himself, or any other person, 
in connection with any examination, registration or appoint- 
ment or application or request to be examined, registered 
or appointed. 

HISTORY.— 106 V. 4€0 (416); 103 v. 698 (711), § 24. For an analogous 
section, see P. & A. Code § 4496, which was R. S. Bates, § 1536-708; 96 v. 

76, § 172. 

Section 486-25. No applicant for appointment or payment for 
promotion in the classified service shall, directly or in- jj^^f^^ p""^ 
directly, pay or promise to pay any money or other valuable 
thing, nor shall he ask or receive any recommendation or 
assistance from any person, upon the consideration of any 
political service to be rendered, for or on account of his 
appointment or promotion, or proposed appointment or 
promotion. 

HISTORY.— 106 V. 40O (417); 103 v. 698 (7]1), § 25. For an analogous 
section, see P. & A. Code § 4498, which was R. S. Bates, § 1536-709; 96 v 77, 
§ 173; and P. & A. Code § 4499, which was R. S. Bates, § 15S6-710; 95 v. 

77, § 174. 

Section 486-26. No officer or employe of the state, .Abuse of poi,>- 
the several counties, cities and city school districts thereof ^*^*^ power, 
shall appoint, promote, reduce, suspend, layoff, discharge. 



40 CODE PROVISIONS OF GENERAL APPLICATION 

or in any manner change the official rank or compensation 
of any officer, employe or subordinate in the classified 
service, or promise or threaten to do so, for giving or with- 
holding, or neglecting to make any contribution of money 
or other valuable thing for any party or political purpose, 
or for refusal or neglect to render any party or political 
service. 

HISTORY.— 106 V. -100 (417); 103 v. 69S (711). § 26. For an analogous 
section, see P. & A. Code § 45C2, which was R. S. Bates, § 1536-714; 96 v. 
78, § 178. 

Abuse of poiit- Section 486-2^. No person who holds any public of- 

icai influence. f,(,g^ qj- ^y)^Q j-^g^g htQu nominated for, or who seeks a nomina- 
tion or appointment to any public office, shall corruptly use 
or promise to use either directly or indirectly, any official 
authority or influence in order to secure or aid any person 
in securing for himself or another any office or employment 
in the classified service, or any promotion or increase of 
salary therein, as a reward for political influence or service. 
Nor shall any person, by means of threats or coercion, 
induce or seek to induce anyone in the classified service to 
resign his position or to waive his right to certification, ap- 
pointment or promotion. 

HISTORY.— 106 V. 400 (417); 113 v. 698 (712), § 27. For an analogous 
section, see P. & A. Code.§ 4.503, Avhich was R. S. Bates. § 1536-715; 96 v. 78, 
§ 179; see, also, R. S. §§ 1545-20 and 1545-lCO. 



Penalty for 
violations. 



Section 486-28. Whoever, after a rule has been duly 
established and published by any civil service commission 
according to the provisions of this act [G. C. §§ 486-1 to 
486-31], makes an appointment to office or selects a person 
for employment contrary to the provisions of such rule, 
or wilfully refuses or neglects otherwise to comply with or 
to conform to the provisions of this act, or wilfully violates 
any of such provisions, shall be deemed guilty of a mis- 
demeanor and upon conviction thereof shall be punished 
by a fine of not less than fifty dollars nor more than five 
hundred dollars, or by imprisonment in the county jail for 
a term not to exceed six months, or by both such fine and 
imprisonment, in the discretion of the court. If any person 
so convicted shall hold any pubHc office or place of public 
employment such office or position shall by virtue of such 
conviction be rendered vacant. 

HISTORY.— 1C6 V. 400 (417); 103 v. 69S (712). 5, 28. For an analo- 
gous section, see P. & A. Code § 4496, which was R. S. Bates, § 1536-708; 
96 V 7r> § 17-'; P & A. Code § 12895. which was R. S. Bates, § 1536-719; 
9() V. .565 S 1.58; 96 v. 79. § 183: and P. & A. Code § 12896, which was R. S. 
Bates, §§ 1536-720 and 153^-721; 96 v. 79, §§ 184 and 185. 

^ . . . • , Section 486-29. The right of any taxpayer to bring 

right of action, au actiou to restrain the payment of compensation to any 
person appointed to or holding any office or place of em- 
ployment in violation of provisions of this act [G. C. §§ 
486-1 to 486-31], shall not be limited or denied by reason 
of the fact that said office or place of employment shall have 
1)een classified as, or determined to be classified as, not 
subject to competitive examination ; provided, however. 



prosecute. 



Schedule. 



i(>i)i-. i'R()\ isiox.s oi' (;i.-:ni.':r.\l applicvtion 4r 

that any judgment or injunction granted or made in any 
such action shall be ])rospective only, and shall not affect 
payments already made or due to such persons by the 
proper disbursing officers, in accordance with the civil 
service rules in force at the times of such payments. 

HISTORY.— ir^. V. 4(0 (41?); ]0:l v. Q9S (712), § 29. 

Section 486-30. Prosecutions for the violation of the who shaii 
provisions of this act [G. C. §§ 486-1 to 486-31], or the 
rules and regulations of the state commission established in 
conformity thereto, shall be instituted by the attorney-gen- 
eral or by the state commission acting through special coun- 
sel, or by the county prosecutor for the county in which the 
offense is alleged to have been commited ; and prosecu- 
tions for violations of this act and the rules and regulations 
of any municipal commission by any officer or employe of 
such city, shall be instituted by such municipal commission 
through the legal department of such city or by such munici- 
pal commission acting through special counsel. 

HISTORY.— 106 V. 4O0 (418); irS v. 698 (712), § 30. 

Section 486-31. All officers, employes and subordin- 
ates in the classified service of the state, the several coun- 
ties, cities and city school districts thereof, holding their 
positions under existing civil service laws, and who are 
holding such positions by virtue of having taken a regular 
competitive examination as provided by law, shall,' when 
this act takes eft'ect, be deemed appointees within the pro- 
visions of this act; but no person holding a position in the 
classified service by virtue of having taken a non-competi- 
tive examination shall be deemed to have been appointed 
or to be an appointee in conformity with the provisions of 
this act; provided, however, that all persons who have 
served the state or any political subdivision thereof con- 
tinuously and satisfactorily for a period of not less than 
seven years next preceding January i, 191 5, shall be 
deemed appointees within the provisions of this act [G. C. 
§§ 486-1 to 486-31]. 

The name of each officer, employe and subordinate 
holding a position in the classified service of the state, the 
counties, cities and city school districts thereof at the time 
this act takes eft'ect, who has not passed a regular competi- 
tive examination and who has not been in the service seven 
years as herein provided, shall, wathin ten days after this 
act becomes effective, be reported by the appointing author- 
ity to the commission and shall be certified to the appoint- 
ing authority in addition to the three candidates for ap- 
pointment to such position. If any such person is reap- 
pointed, he shall be deemed to have been appointed under 
the provisions of this act [G. C. §§ 486-1 to 486-31]. If 
no eligible list exists such person may be retained as a 
provisional employe until such time, consistent with rea- 
sonable diligence, as the commission can prepare eligible 



com-; i'R()\isi()Xs ()!• gkm-:ka[. application 

lists when such position shall be tilled as iDrescribed in this 
act; provided that nothing contained in this section shall be 
deemed to vacate the office of existing chiefs of police de- 
partments or chiefs of tire departments of municipalities. 
All existing eligible lists of persons who have taken regular 
competitive examinations shall continue in force for the 
term of eligibility to be fixed by the commission as pro- 
vided herein. All property of the existing state commission 
shall become the property of the commission to be ap- 
pointed hereunder. 

HISTORY.— IOC V. lOO (41S) ; 1C3 v. 638 (713), § 31. 



CHAPTER 2 
DEPARTMENT OF EDUCATION 

SUPERINTENDENT OF PUBLIC INSTRUCTION AS DIRECTOR OF EDUCATION 



sectiox 
l.)-l-3. Adininislrative departments created. 
154-4. 
154-5. 
15±-6. 



:54-7. 
J 54-8. 
154-14. 

154-15. 
154-16. 

154-17. 
154-18. 

154-19. 

154-20. 

154-21. 

154-22. 
154-23. 
154-24. 



154-25. 
154-26. 



154-46. 



154-48. 

154-49. 



154-50. 



154-51. 
154-52. 



154-53. 
154-54. 



154-56. 

352. 

352-1. 
353. 
353-1. 
354. ,^ 
355. 



356. 
357. 



359. 



361. 

362. 



Appointment of directors. 

Assistant directors; vacancies. 

Utlices created in the several depart- 
ments. 

Appointment of ofificers; term. 

Supervision and control of officers. 

Bond and oath of office; bond may be 
required of employe. 

Advisory board may be provided. 

Officers shall devote entire time and 
hold no other office. 

Central office shall be in Columbus. 

Seal for each department; specifica- 
tions. Journals and records. 

Employment subject to civil service 
laws. 

Daily hours of service by employes. 
Two weeks absence, on pay, each 
year. 

Cooperation and coordination of work 
under direction of governor. 
- Report of each department. 

Power to inspect, examine, etc. 

Rights, powers and duties heretofore 
vested or exercised by board, of- 
ficer, commission, etc. trans- 
ferred. 

Right, powers, duties, etc., of 
persons, firms, corporations, etc. 

Service of notice and making reports. 

Offices, boards, commissions, etc., 
abolished. 

Depaitment of education, powers and 
duties. Boards and committees at- 
tached to department. 

Advisory board of film censorship; ap- 
pointment, term, compensation. 

Further powers and duties. 

State board of vocational education 
established; duties; employment of 
assistants. 

Director, ex-officio trustee of Kent, 
Bowling Green and Wilberforce 
schools. 

State library board created; appoint- 
ment, terra, compensation. 

State librarian, appointment, powers 
and duties. 

Rules for government of library. 

State librarian, secretary of board; 
further powers and duties. 

Director a member of board of trus- 
tees of Ohio archaeological and his- 
torical society. 

How moneys for support of society 
shall be drawn from treasury. 

Director a member of board of trus- 
tees of Ohio State University. 

Superintendent of public instruction; 
appointment and term. 
Who eligible as superintendent. 

Bond of superintendent; where filed. 

Employment of clerks and assistants. 

Duties of superintendent. 

Supervision of school funds and re- 
ports. 

Collation of school laws. 

Forms and regulations for reports and 
proceedings. 
. Publication and distribution of Arbor 
Day manual. 

Reports from private schools. 

Annual report of superintendent to 
governor. 

Complaint of fraudulent use of school 
funds. 

Examiner to investigate condition of 
funds. 



Section 

3^3. 

364. 
335. 

?im. 

367. 

367-1. 

367-2. 

3'J7-5. 
367-6. 



367-7. 
367-8. 



I 367-11. 



367 


-12 


1270 




1274 


■'■ 


12S3 




12,' 9 




129.3 


•3. 


1295 


2S 


130;^ 


-1 . 


1321- 


-1. 



137: 

]7f; 
1701 



1701-1. 
lS.31-1. 



lSol-3. 



'2264-1 . 



2-^6J-2. 



Duty of certain officers in case of ex- 
amination. 
Report of examiner. 
Stenographer for examiner. 
Compensation and mileage of ex- 
aminer. 
Duty of judge and prosecuting at- 
torney. 
Provisions of congress for vocational 

education accepted. 
Subjects for which funds are ac- 
cepted. 
Co-operation with federal board. 
Approved schools shall receive state 
money equal in amount to federal 
money. 
State treasurer custodian of funds. 
Provisions of Act of Congress for 
promotion of vocational rehabilita- 
tion of disabled persons accepted. 
State treasurer designated as cus- 
todian of moneys received from 
United States for vocational re- 
habilitation of disabled persons. 
Designation of state board for the 
purpose of co-operating with federal 
board in carrying out provisions of 
federal act. 
Duty of state board of education and 
industrial commission to formulate 
plan of co-operation. 
State board authorized to receive 

donations for said purpose. 
Requisites for admission to examina- 
tion. (Medicine.) 
Board shall determine standing of 
school giving instruction. (Medi- 
cine.) 
Examination to practice mid-wifery; 

filing application. 
Requirements for admission to exam- 
ination in osteopathy. 
Qualifications and procedure re- 
~ quired to entitle graduate applicant 

to certificate. (Nursing.) 
Examination required by practition- 
ers. (Optometry.) 
Entrance examiner; qualifications; 

duties. (Pharmacy.) 
Certificate of general education shall 
be filed with application. (Dent- 
istry.) 
Application for registration; certifi- 
cates and fee. (Embalming.) 
Certified public accountant. 
Ilow attorneys shall be admitted. 
Mequiremerts for examination to 

practice law. 
Credits to certain members of army, 

navy and marine corps. 
Teachers employed in state benevolent, 
correctional and penal institutions 
shall have qualifications approved by 
superintendent of public instruction. 
Courses of study in benevolent, cor- 
rectional and penal institutions sub- 
ject to approval of superintendent 
of public instruction. 
Superintendent of public instruction 
to inspect and make report on 
teaching, discipline and school 
equipmert in state institutions. 
.Salnri"s cf a'^nointive state officers 

and employes. 
Official reports shall be made in 

triplicate; where filed. 
Definition of terms. 
Certification of balance required be- 
fore contract. 



(43) 



44 



DEPAKTAIENT OF EDUCATIOX 



Administrative 

departments 

created. 



Section 154-3. The following administrative depart- 
ments are created : 

The department of finance, which shall be administered 
by the director of finance, hereby created; 

The department of commerce, which shall be admin- 
istered by the director of commerce, hereby created ; 

The department of highways and public works, which 
shall be administered by the superintendent of public works 
as director thereof ; 

The department of agriculture, which shall be admin- 
istered by the director of agriculture, hereby created; 

The department of health, which shall be administered 
by the director of health, hereby created ; 

The department of industrial relations, which shall be 
administered by the director of industrial relations, hereby 
created ; 

The department of education, which shall be admin- 
istered by the superintendent of public instruction, as di- 
rector thereof ; 

The department of public welfare, which shall be ad- 
ministered by the director of public welfare, hereby created. 

The director of each department shall, subject to the 
provisions of this chapter, exercise the powers and per- 
form the duties vested by law in such department. 

HISTORY. — 109 V. 105. 



Appointment 
directors. 



q£ Section 154-4. Each director whose office is created 
by section 154-3 of the General Code shall be appointed 
by the governor by and with the advice and consent of the 
senate, and shall hold his office during the pleasure of the 



HISTORY. — 1(.:9 



106. 



Assistant di- 
rectors; vacai 
cies. 



Section 154-5. In each department there shall be an 
assistant director, who shall be designated by the director 
to fill one of the offices within such department, enumerated 
in section 154-6 of the General Code, or as the head of one 
of the divisions created within such department as author- 
ized by section 154-8 of the General Code. When a vacancy 
occurs in the office of director of any department, the assist- 
ant director thereof shall act as director of the department 
until such vacancv is filled. 



HISTORY. 



109 



106. 



Offices created SECTION 1 54-6. Officcs are Created within the several 

dVar?men?s"' departments as follows I ^ ^ ^ 

In the Department of Education 
Chiefs of divisions as follows : 
Examination and licensing 
Film censorship 



HISTORY 



]!9 V. lOfl. 



DEPARTMENT OF EDUCATION 45 



icers; term. 



Section 154-7. The officers mentioned in sections Appointment ^f 
154-5 and 154-6 of the General Code shall be appointed by ^^^ 
the director of the department in which their offices are 
respectively created, and shall hold office during the pleasure 
of such director. 

HISTORY. — 109 V. 107. 



Section 154-8. The officers mentioned in sections sui 

arc 
officers. 



154-5 and 154-6 of the General Code shall be under the ^^'1.^^^*'^''^ ""^ 
direction, supervision and control of the directors of their 
respective departments, and shall perform such duties as 
such directors shall prescribe. 

With the approval of the governor, the director of each 
department shall establish divisions within his department, 
and distribute the work of the department among such 
divisions. Each officer created by section 154-6 of the 
General Code shall be the head of such a division. 

With the approval of the governor, the director of each 
department shall have authority to consolidate any two or 
more of the offices created in his department by section 
154-6 of the General Code, or to reduce the number of or 
create new divisions therein. 

The director of each department may prescribe regula- 
tions, not inconsistent with law, for the government of his 
department, the conduct of its employes, the performance 
of its business and the custody, use and preservation of the 
records, papers, books, documents and property pertaining 
thereto. 

HISTORY. - 109 V. 107. 

Section 154-14. Each officer whose office is created Bond and oath 
by sections 154-3, 154-5 and 154-6 of the General Code ^^y^be' re-^ 
shall, before entering upon the duties of his office, take and quired of em- 
subscribe an oath of office as provided by law and give ^^°^^" 
bond, conditioned according to law, with security to be 
approved by the governor in such penal sum as shall be 
fixed by the governor, not less in any case than ten thousand 
dollars. Such bond and oath shall be filed in the office of 
the secretary of state. 

The director of each department may, with the approval 
of the governor, require any chief of a division created 
under the authority of this chapter, or any officer or em- 
ploye in his department, to give like bond in such amount 
as the governor may prescribe. The premium, if any, on 
any bond required or authorized by this section may be 
paid from the state treasury. 

HISTORY. — 109 V. 108. 

Section 154-15. The director of each department Advisory 
may, with the approval of the governor, establish and ap- ^^o^fJeJ'''-^' ^^ 
point advisory boards to aid in the conduct of the work of ^"^^^^ ^ 
his department or any division or divisions thereof. Such 
advisory boards shall exercise no administrative function, 
and their members shall receive no compensation, but may 
receive their actual and necessary expenses. 

HISTORY. —109 V. 108. 



46 



DEPARTMENT OF EDUCATION 



Officers shall SECTION 1 54- 1 6. Each officcr whose office is created 

ttme'and"hoid ^y scctions 1 54-3, 1 54-5 and 154-6 of the General Code 
no other office, shall dcvote his entire time to the duties of his office, and 
shall hold no other office or position of profit. In addition 
to his salary provided by law, each such officer and each 
member of the boards and commissions in the departments 
created by this chapter shall be entitled to his actual and 
necessary expenses incurred in the performance of his 
official duties. 

HISTORY. -1C9 V. 10&. 



Centra] office 
shall be in 
Columbus. 



Seal for each 

department; 

specifications. 



Journals and 
records. 



Employment 
subject to civil 
service laws. 



Section 154-17. Each department shall maintain a 
central office in the city of Columbus. The director of each 
department may, in his discretion and with the approval 
of the governor, establish and maintain, at places other 
than the seat of government, branch offices for the conduct 
of any one or more functions of his department. 

history. — 1C9 V. 109. 

Section 154-18. Each department shall adopt and 
keep an official seal, which shall have engraved thereon the 
coat of arms of the state as described in section thirty of 
the General Code, shall be one and three-fourths inches in 
diameter, and shall be surrounded by the proper name of 
the department, to which may be added the title of any 
division, board or commission within the department, if the 
director of the department shall so prescribe. Such seal 
may be affixed to any writs and authentications of copies 
of records and official papers, and to such other instruments 
as may be authorized by law or prescribed by the proper 
authority in any department to be executed. When so 
authenticated, any copy of such record, official paper, or 
other instrument shall be received in evidence in any court 
in lieu of the original. 

Each department shall provide for the keeping, within 
such department, of such records and journals as may be 
necessary to exhibit its official actions and proceedings, 

history. — 1€9 V. 109. 

Section 154-19. Each department is empowered to 
employ, subject to the civil service laws in force at the time 
the employment is made, the necessary employes, and, if 
the rate of compensation is not otherwise fixed by law, 
to fix their compensation. Nothing in this chapter shall 
be construed to amend, modify or repeal the civil service 
laws of the state, except as herein expressly provided. 

' All offices created by sections 154-5 and 154-6 of the 
General Code shall be in the unclassified civil service of 
the state. 



HISTORY. — 1C9 



109. 



Daiiv hours of Sectton 1 54-20. All cmploycs in the several depart- 

pfoyes^ ^^ ^^~ ments shall render not less than eight hours of labor each 

day, Saturday afternoons, Sundays and days declared by 

law to be holidays excepted in cases in which, in the judg- 



DEPARTMENT OE EDUCATION 



47 



ment of the director, the public service will not thereby be 
impaired. 

Each employe in the several departments shall be en- 
titled during each calendar year to fourteen days leave of 
absence with full pay. In special and meritorious cases 
where to limit the annual leave to fourteen days in any one 
calendar year would work peculiar hardship, it may, in 
the discretion of the director of the department, be ex- 
tended. No employe in the several departments, employed 
at a fixed compensation, shall be paid for any extra services, 
unless expressly authorized by law. 

HISTORY. — 1C9 V. 109. 

Section 154-21. Under the direction of the governor, 
the directors of departments shall devise a practical and 
working basis for cooperation and coordination of work 
and for the elimination of duplication and overlapping func- 
tions. They shall, so far as practicable, cooperate with each 
other in the employment of services and the use of quarters 
and equipment. The director of any department may em-- 
power or require an employe of another department, sub- 
ject to the consent of the superior officer of the employe, 
to perform any duty which he might require of his own 
subordinates. 

HISTORY. —109 V. 110. 

Section 154-22. Each department shall make and file 
a report of its transactions and proceedings at the time and 
in the manner prescribed by section 2264-1 of the General 
Code. 

HISTORIC— 109 V. 110. 

Section 154-23. Whenever power is vested in any 
of the departments created by this chapter, or in any other 
state department, board or commissioix, to inspect, examine, 
secure data or information, or to procure assistance from 
another department, office or institution, a duty is hereby 
imposed upon the department, office or institution, upon 
w^hich demand is made, whether created by this chapter or 
otherwise, to make such power effective. 

HISTORY. —109 V. 110. 

Section 154-24. Whenever rights, powers or duties 
which have heretofore been vested in or exercised by any 
officer, board, commission, institution of department, or any 
deputy, inspector or subordinate officer thereof, are, by this 
chapter, transferred, either in whole or in part, to or vested 
in a department created by this chapter, or any other depart- 
ment, office or institution, such rights, powers and duties 
shall be vested in, and shall be exercised by the department, 
office or institution to which the same are hereby trans- 
ferred, and not otherwise ; and every act done in the exer- 
cise of such rights, powers and duties shall have the same 
legal effect as if done by the former officer, board, commis- 
sion, institution or department, or any deputy, inspector, 



Two weeks ab- 
sence, on pay, 
each year. 



Cooperation 
ard coordina- 
tion of work 
under direc- 
ti' n of gov- 
ernor. 



Report of each 
department. 



Power to in- 
spect, examine, 
etc. 



Rights, powers 
and duties 
heretofore 
vested or exer- 
cised by board, 
officer, com- 
mission, etc., 
transferred. 



4^ DEPARTMENT OF EDUCATIOxN^ 

Rights, powers, or Subordinate officer thereof. Every person, firm and cor- 
persons,^^ firms! poration shall be subject to the same obligations and duties 
corporations, and shall have the same rights arising from the exercise of 
such rights, powers and duties as if such rights, powers 
and duties were exercised by the officer, board, commission, 
department or institution, or deputy, inspector or sub- 
ordinate thereof, designated in the respective laws which 
are to be administered by departments created by this 
chapter. Every person, firm and corporation shall be sub- 
ject to the same penalty or penalties, civil or criminal, for 
failure to perform any such obligation or duty, or for 
doing a prohibited act, as if such obligation or duty arose 
from, or such act were prohibited in, the exercise of such 
right, power or duty by the officer, board, commission or 
institution, or deputy, inspector or subordinate thereof, 
designated in the respective laws which are to be admin- 
istered by departments created by this chapter. Every 
officer and employe shall, for any offense, be subject to the 
same penalty or penalties, civil or criminal, as are pre- 
scribed by existing law for the same offense by any officer 
or employe whose powers or duties devolve upon him under 
this chapter. 

HISTORY. —109 V. 110. 

Service of no- SECTION 1 54-25. Whcrcvcr rcports or notices are now 

\ng ?e"p1)rS.^^~ required to be made or given, or papers or documents fur- 
nished or served by any person to or upon an officer, board, 
commission or institution, or deputy, inspector or sub- 
ordinate thereof, abolished by this chapter, the same shall 
be made, given, furnished, or served in the same manner 
to or upon the department, office or institution upon which 
are devolved by this chapter the rights, powers and duties 
now exercised or discharged by such officer, board, com- 
mission or institution, or deputy, inspector or subordinate 
thereof ; and every penalty for failure so to do shall con- 
tinue in effect. 

HISTORY. —109 V. 111. 

Offices, boards, SECTION 1 54-26. The following offices, boards, com- 
commissions^^^^ i^issious, arms and agencies of the state government here- 
tofore created by law are hereby abolished: 

^ ^ ^ 

The state board of library commissioners, 

The librarian appointed "by the state board of library 
commissioners. 

The library organizer appointed by the state board of 
library commissioners, 

The director of the legislative reference department, 

The state geologist, 

* * * 

The board of censors of motion picture films under 
the authority and supervision of the industrial commission 

of Ohio, 

* * * 

HISTORY. — 109 V. 111. 



DKPAKTMENT OF EDUCATION 



49 



Section 154-46. The department of education shall 
have all powers and perform all duties vested by law in the 
industrial commission of Ohio and the board of censors 
of motion picture films by ^sections 871-48 to 871-53, both 
inclusive, of the General Code. 

The following boards and committees shall be attached 
to the department of education : 

The state board of accountancy, the state medical 
board, the nurses examining committee, the state board of 
optometry, the state board of pharmacy, the state dental 
board and the state board of embalming examiners. 

Such boards and their officers shall continue to exer- 
cise their functions as heretofore. It shall be the duty of 
the department of education to recommend standards as to 
preliminary education ; to recommend methods of deter- 
mining the standing of professional schools and colleges ; to 
recommend methods of conducting examinations and hear- 
ings ; and to recommend methods of enforcing the laws 
which they are respectively required to administer. Such 
boards are hereby severally authorized to delegate to the 
department of education any of the powers or duties in 
them vested by law^ with respect to the matters and things 
concerning which the department is herein directed to make 
recommendations ; and the department of education is here- 
by authorized and required to exercise any such power or 
perform any such duty so delegated with like effect in law 
as if the same had been exercised by the board so delegating 
such power. Nothing in this chapter shall be so construed 
or applied as to compel the delegation of any such powers 
or duties. 

HISTORY. -109 V. 121. 



Department 
education, 
powers and 
duties. 



Boards and 
committees 
attached to 
department. 



of 



Section 154-47. An advisory board of three members 
is hereby created in the department of education, to be 
known as the advisory board of film censorship. The mem- 
bers of this board shall be appointed by the governor, to 
serve during his pleasure, and shall receive no compensa- 
tion, but shall be entitled to their actual and necessary ex- 
penses incurred in the performance of their official duties. 
Such board shall assist and advise the department of edu- 
cation in the examination and censorship of motion picture 
films. 



Advisory boar 
of film censor 
ship; appoint- 
ment, term, 
compensation. 



HISTORY. 



1C9 



122. 



Section 154-48. The department of education shall Further powers 
have all the powers and perform all the duties now vested ^^^ duties, 
in the superintendent of public instruction and those vested 
in the state geologist. 

history. — 1C9 V. 122. 



Section 154-49. A state board of vocational educa- state board of 

tion is hereby established in the department of education, catTon^'^estab-"' 

in order to carry out the provisions of the law accepting lished; duties: 

, ^ r r- • J- r ^- -^i .lI employment of 

the acts of Congress providing for cooperation with the assistants. 
4 s. L. 



DEPARTMENT OF EDUCATION 



'Director, ex- 
officio trustee 
of Kent, 
BowHpp' Green 
and Wilber- 
force schools. 



State library- 
board created; 
appointment, 
term, compen- 
sation. 



State librarian, 
appointment, 
powers and 
duties. 



Rules for gov- 
ernment of 
library. 



States in the promotion of such education. Such board shall 
be composed of the director of education, the director of 
commerce, the director of agriculture, the director of in- 
dustrial relations, and the director of finance. The director 
of education shall be chairman and executive ofBcer of the 
board. Upon the recommendation of the director of educa- 
tion, the board may employ such technical assistants as may 
be necessary and prescribe their duties and compensation. 
In all other respects, the state board of vocational education 
shall exercise the powers and perform the duties vested 
in the state board of education by sections 367-5, 367-6 
and 367-7 of the General Code. 

HISTORY. —1C9 V. 122. 

Section 154-50. The director of. education shall be 
ex-officio a member of the board of trustees of Kent state 
normal school and of the board of trustees of Bowling 
Green state normal school, and of the combined normal 
and industrial department at Wilberforce University, with 
power to speak, but not to vote in such boards of trustees. 
The membership in each of such boards herein provided 
for shall be in addition to the membership thereof as other- 
wise provided by law. 

HISTORY. — 109 V. ]2;^. 

Section 154-51. A state library board is hereby 
created in the department of education, to be composed of 
the director of education, as chairman, and four other 
members. The members other than the director of educa- 
tion shall be appointed by the governor. The first appoint- 
ments under this section shall be as follows : One member 
for a term of two years, one member for a term of four 
years, one member for a term of six years and one member 
for a term of eight years. Thereafter one member shall be 
appointed each two years for a term of eight years. The 
members other than the director of education shall receive 
no compensation, but shall be paid their actual and neces- 
sary expenses incurred in the performance of their duties. 

HISTORY. —109 V. 128. 

Section 154-52. The state library board shall appoint 
and may remove a state librarian, who shall, under the 
direction and supervision of the board, be the head of the 
library service of the state, with power to appoint and re- 
move all assistants and heads of departments in the state 
library service. 

HISTORY. — 109 V. 123. 

Section 154-53. The state library board shall make 
such rules for the government of the state library, the use 
and location of the books and other property therein or the 
transfer thereof as it deems necessary or advantageous to 
the library service of the state. It shall organize the library 
service of the state into departments and determine the 
number of assistants and other employes therein. 

HISTORY. - 109 V. 123. 



DEPARTMENT OF EDUCATION 



5i 



Section 154-54. The state librarian shall be secretary 
of the state library board. Under the direction and super- 
vision of the state library board and subject to the rules 
and regulations established by it, the state librarian shall, 
through such departments as may be created by the board, 
exercise all powers and perform all duties vested by law in 
the state board of library commissioners, the librarian here- 
tofore appointed by the state board of library commission- 
ers, the library organizer heretofore appointed by the state 
board of library commissioners and the legislative reference 
department and the director thereof. 



State librarian, 
secretary of 
board; furtiier 
powers and 
duties. 



HISTORY. 



V. 123. 



Section 154-55. The director of education shall be 
3 member of the board of trustees of the Ohio archaeological 
and historical society, in addition to the members consti- 
tuting such board under the other laws and regulations per- 
taining to the membership thereof. No moneys appropri- 
ated for the use or support of the Ohio archaeological and 
historical society shall be withdrawn from the state treasury 
for such use until the board of trustees of said society, as 
constituted when this section takes effect, shall consent to 
the provisions hereof and file duplicate certificates of such 
consent in the offices of the secretary of state and the 
auditor of state. 

history. — 109 V. 123. 



Director a 
member, of 
board of trus- 
tees of Ohio 
archaeological 
and historical 
society. 
How moneys 
for support of 
society shall be 
drawn from 
treasury. 



Section 154-56. The director of education shall be a 
member of the board of trustees of the Ohio state univer- 
sity, with power to speak but not to vote therein. The mem- 
bership in said board hereby created shall be in addition to 
those provided for by section seven thousand nine hundred 
and forty-two of the General Code. 

history. — 109 V. 121. 



Director a 
member of 
board of trus- 

!-,= -<: o^ ^\\q 

State Uni- 
versity. 



Section 352. There shall be a superintendent of pub- 
lic instruction, who shall be appointed by the governor. 
He shall hold his office for a term of four years, and until 
his successor is appointed and qualified, such term com- 
mencing on the second Monday of July. He shall have an 
office in or near the state house, in which the books and 
papers pertaining to his office shall be kept. 

history.— R. S. § 354; 70 v. 195, § 102; S. & C. 1362; 81 v. 89; 98 v. 
272; 104 v. 225 (226). 

Section 4 of Article VI of the Constitution p^overns the ao- 
pointment of the Superintendent of Public Instruction, and under 
the provisions of said section the term of a person appointed b}' 
the Governor to fill a vacancy in said office begins at the date of the 
appointment and qualification of said person, and continues for the 
full term of four years. Op. Atty. Gen. (1916), p. 292. 



Superintendent 
of public in- 
struction; ap- 
pointment and 
term. 



Section 352-1. No one who is interested financially 
or otherwise in any book publishing or book selling com- 
pany, firm or corporation, shall be eligible to appointment 
as superintendent of public instruction. If any superin- 



Who eligible 
as superin- 
tendent. 



Bond of super- 
intendent, 
where filed. 



Employment of 
clerks and 
assistants. 



DEPARTMENT OF EDUCATION 

tendent of public instruction becomes interested financially 
or otherwise, in any book publishing or book selling com- 
pany, firm or corporation said superintendent of public 
instruction shall forthwith be removed from office by the 
governor. 

HISTORY.— lOi'v. 225 (226). 

Section 353. Before entering upon the discharge of 
the duties of his office, the superintendent of public instruc- 
tion shall give a bond to the state in the sum of five thou- 
sand dollars, with two or more sureties approved by the 
secretary of state, conditioned for the faithful discharge of 
the duties of his office. Such bond, with the approval of 
the secretary of state, and the oath of office indorsed there- 
on, shall be deposited with secretary of state and kept in 
his office. 

HISTORY.— R. S. § 35o; 70 v. 195, § 103; S. & C. 1362; 103 v. 528 (529). 

Section 353-1. The superintendent of public instruc- 
tion may employ such clerks, stenographers and assistants 
as will enable him to properly care for the duties of his 
office. The compensation of such appointees shall be fixed 
by the superintendent of public instruction, with the ap- 
proval of the governor. 

HISTORY.— lOi V. 225 (226). 



Duties of 
superintendent. 



Section 354. The superintendent of public instruc- 
tion while holding such office shall not perform the duties 
of teacher or superintendent of a public or private school, 
or be employed as teacher in a college or hold any other 
office or position of employment. He may visit and inspect 
schools and attend educational gatherings either within or 
without the state, and deliver lectures on topics calculated 
to subserve the interests of popular education, and his 
necessary and actual expenses therefor when properly veri- 
fied shall be paid by the state. 



history.— R. S. §§ 356, 357; 70 
1362; 1C4 v. 225 (226). 



195, §§ 104, 105; 



13; S. & C. 



Supervision of 
school funds 
and reports. 



Section 355. The superintendent of public instruc- 
tion shall have such supervision of the school funds of the 
state as is necessary to secure their safety and distribution 
as provided by law. He may require of auditors and treas- 
urers of counties, boards of education, teachers, clerks and 
treasurers of such boards, and other local school officers, 
copies of all reports made by them in pursuance of law. He 
may also require of such officers any other information he 
deems proper in relation to the condition and management 
of schools and school funds. 

HISTORY.—R. S. § 358; 70 v. 195, § 106; S. & C. 1362; 101 v. 225 (226). 



Collation of 
school laws. 



Section 356. The superintendent of public instruction 
shall collate the laws relating to schools and teachers' in- 
stitutes, and provide an appendix of forms and instructions 
for their execution. He mav revise such collation and ap- 



DEPARTMENT OF EDUCATIOx^J 



."I,*) 



pendix as often as changes therein are in his opinion nec- 
essary. 

IlISTORV.-R. S. § 3ti;; To v. H>r>, § ICS; S. & C. 136:3; lOi v. 22u (226); 
]06 V. .308 (509). 

Instructions by the commissioner inserted in a compilation of 
the school laws prepared and printed under this section, while not 
entitled to the weight of a judicial decision, are entitled to consid- 
eration in interpreting statutes to which such instructions relate. 
State, ex rel., v. Treasurer of German Township, 2 O. C. C. 366. 

Section 357. The superintendent of public instruc- Forms and 
tion shall prescribe suitable forms and regulations for the reports^Tii/^'^ 
reports and other proceedings required by the school laws, proceecHr.gs. 
with such instructions for the organization and government 
of schools as he deems necessary, and transmit them to the 
local school officers, who shall be governed thereby in the 
performance of their duties. 

HISTORY.— R. S. § 359; 70 v. 195, § 107; S. & C. 1363; 101 v. 225 (227). 



Publication 
and distribu- 
tion of Arbor 
Dav manual. 



Section 358. The superintendent of public instruc- 
tion shall issue each year a manual for arbor day exercises. 
The manual shall contain matters relating to forestry and 
birds, including a copy of such laws relating to the protec- 
tion of song and insectivorous birds as he deems proper. 
He shall transmit copies of the manual to the superintend- 
ent of city, village, and rural schools and to the clerks of 
boards of education, who shall cause them to be distributed 
among the teachers of the schools under their charge. On 
arbor day, and other days when convenient, the teachers 
shall cause such laws to be read to the scholars of their 
respective schools and shall encourage them to aid in the 
protection of such birds. 

history.— R. S. § 4091; 95 v. 378, § 6960b: 97 v. 470, § 14; 104 v. 225 
(227). 

Section 359. Each year the superintendent of public Reports from 
instruction shall require a report of the president, manager private schools. 
or principal of each seminary, academy or private school. 
The report shall 'be made upon blanks furnished by the 
superintendent and contain a statement of such facts as 
he prescribes. The president, manager or principal shall 
fill up and return the blanks within a time fixed by the 
superintendent of public instruction. 

HISTORY.— R. S. § 363; 73 v. 225, § 1; 104 v. 225 (227). 

Section 360. The superintendent of public instruc- Annual report 
tion shall make an annual report to the governor, which ent"o^g?vlr-' 
shall contain a statement of the amount and condition of the "o^. 
funds and property appropriated for purposes of educa- 
tion ; the number of common schools in the state, the num- 
ber of scholars attending such schools, their sex and the 
branches taught; the number of private or select schools 
in the state so far as can be obtained, the number of 
scholars attending such schools, their sex and the branches 
taught ; the number of teachers' institutes, the number of 
teachers attending them, the number of instructors and lee- 



54 



DEPARTMENT OF EDUCATION 



turers employed therein and the amount paid to each; the 
estimates and accounts of expenditures of the public school 
funds, plans for the management and improvement of com- 
mon schools, and such other information relative to the 
educational interests of the state as the superintendent 
deems important. 



HISTORY.— R. s. 
1363; 104 v. 225 (227). 



361, 362; So v. 192; 70 v. 195, §§ 1G9, 110; S. & C. 



funds. 



Complaint of SECTION 361. Whcii three or more resident taxpayers 

l?"schooT "^^ °^ ^ school district have reason to believe that any portion 
of the school funds of the district has been unlawfully ex- 
pended or misapplied by the officers thereof, or that fraudu- 
lent entries have been made by an officer in the books, 
accounts, vouchers, or settlement sheets of the district, or 
that an officer has not made settlement of his account as 
required by law, they may make complaint thereof in writ- 
ing, verify it by the affidavits of at least three such tax- 
payers, with the certificate of the auditor of the county that 
they are taxpayers attached, and file such complaint with 
the superintendent of public instruction. 

HISTORY.— R. S. § 364; 72 v. 82, § l; 94 v. 312; 104 v. 225 (227). 

Section 362. Upon the filing of complaint, or when 
for other cause he deems it necessary, the superintendent of 
public instruction shall request the auditor of state to detail 
an examiner of his department to investigate the condition 
of the school funds of a district. The examiner shall be a 
trustworthy and competent accountant and shall have au- 
thority to summon witnesses before him forthwith upon 
written notice and examine them under oath administered 
by him. He shall be sworn by a person authorized by law 
to administer oaths, and shall forthwith visit the school 
district, take possession of the books, papers, vouchers and 
accounts thereof and begin such investigation. 

R. S. §§ 364, .365; 72 v. 82, §§ 1, 2; 1 



Examiner to 
investigate 
condition of 
funds. 



HISTORY. 
225 <228). 



312. 313; 104 



Duty of cei 



case of exam 
ination 



Section 363. On application of the examiner, the 
Ss" °o^^exam^ officcrs of the school district shall immediately place in his 
possession the books, accounts, contracts, vouchers and 
other papers relatino- to the receipts and expenditures of 
the school funds. The auditor and treasurer of the county 
shall afford the examiner free access to the records, books, 
papers, vouchers and accounts of . their respective offices 
relating to the subject of the investigation. 

HISTORY.— R. S. § 365; 94 v. 313; 72 v. 82, § 2. 



Report of 
aminer. 



Section 364. After completing an investigation, the 
examiner shall make a report in writing in duplicate show- 
ing the condition of the books, vouchers and accounts of 
the district, the amount of school funds received for all 
purposes and from what sources, the amount thereof ex- 
pended and for what purposes and the amount in the 
treasury. The examiner shall file one copy of the report 
with the president of the county board of education of the 



DICI'AKT.MIiNT OF liDUCATKJN 



OD 



county in which the district is located, and transmit the 
other to the superintendent of pubHc instruction. 

HISTORY.— R. S. § 365; 72 v. 82, § 2; 9t v. 313; 104 v. 225 (228). 



Section 365. With the written consent of the prose- 
cuting attorney or a judge of the court of common pleas of 
the county in which the school district is located, the ex- 
aminer may require the services of the official court stenog- 
rapher of the county to aid him in making such examina- 
tion ; but the stenographer shall receive no compensation 
for such service in addition to the compensation provided 
for him by law. 



HISTORY.— R. S. § 364; 94 v. 315 



§ 1. 



C-. •— ranher 
for examiner. 



Section 366. The examiner shall receive five dollars 
for each day necessarily engaged in the performance of his 
duties and five cents for each mile of necessary travel not 
exceeding the distance from the seat of government to the 
school district. The compensation and mileage of the ex- 
aminer shall be paid from the county treasury upon the 
warrant of the county auditor. If the complaint or other 
cause be sustained, the amount so paid shall be assessed by 
the county auditor upon the taxable property of the school 
district and collected as other taxes. 

HISTORY.-R. S. § 365; J>4 v. 313; 72 v. S2,, § 2. ~ 

Section 367. A judge of the court of common pleas 
of the proper county shall examine the report of the ex- 
aminer filed with the clerk, and, if it appear therefrom that 
any part of the school funds has been unlawfully used or 
misapplied, or that there has been fraud in the entries, ac- 
counts, vouchers, contracts or settlements, or that the settle- 
ments have not been made as required by law ; or, if it ap- 
pear therefrom that there has been defalcation or embezzle- 
ment by an officer of such district, he shall give the report 
specially in charge to the grand jury at the term of court 
following the filing of the report. The prosecuting attorney 
of the county shall forthwith prosecute such proceedings, 
civil or criminal, or both, as are authorized by law, against 
the delinquent officer or officers. 



history.— R. s. 



72 V. 82, § 3. 



Compensation 
and mileage of 
examiner. 



An action cannot be maintained under the provisions of this 
section to enjoin a board of education from applying money arising 
from taxes levied to build a school building, to the purpose of re- 
paying money borrowed by such board in anticipation of such taxes. 
State, ex rel., v. Board of Education. 11 O. C. C. 41. 



Duty of judge 
and prosecut- 
ing attorney. 



Section 367-1. 
entitled, "An act 



The provisions of an act of congress Provisions of 
to provide for the promotion of congress for 

• 11- • 1 r • -^1 J.1- vocational 

vocational education ; to provide tor co-operation with tne 
states in the promotion of such education in agriculture 
and the trades and industries ; to provide for co-operation 
with the states in the preparation of teachers of vocational 



education 
accepted. 



5(> l)l-:PAkT.\J lixNT OF EDUCATION 

subjects; and to appropriate money and regulate its ex- 
penditure," are hereby accepted by the state of Ohio. 

H1STORY.-107 V. 579, § 1. 

The moneys appropriated by the general assembly of Ohio for 
co-operation with the federal government in vocational education 
may not be lawfully expended for the salary of a director of voca- 
tional education, including industrial training and home economics. 

The actual and necessary expenses of the members of the state 
board of education and the expenses of the state board itself, other 
than clerical services, are a proper charge against said appropria- 
tions. Op. Atty. Gen. (1917), p. 1769. 

Held, further on a consideration of act of the legislature, 107 
Ohio Laws, page 579, and the act of Congress referred to 
therein, that no authority existed in the state board of education 
to employ a director of agricultural education; but that the state 
superintendent of public instruction has supervisory power respect- 
ing the teaching of agriculture. Op. Atty. Gen. (1917), p. 1769. 

In matching the expenditure of federal money allotted to the 
state under the provisions of the Smith-Hughes Law, the federal 
money expended in the state at large should be matched annually 
by combining the sums expended during the year by the local dis- 
tricts and the state board of education for vocational education. 

Where the general assembly has appropriated a lump sum 
for the purpose of co-operative work with the federal government 
in vocational education in accordance with the provisions of the 
Smith-Hughes Law, such appropriation is not bound to be wholly 
spent for the purposes for which the federal government will as- 
sume one-half of the expense. 

Under Section 367-6, General Code, the state board of educa- 
tion should recommend to each session of the general assembly the 
amount of money which will need to be appropriated by the state, 
which amount added to the local expenditure in districts for voca- 
tional education, would equal the federal allotment, and such state 
board of education should recommend to the general assembly ad- 
ditional appropriation items for the proper administration and 
carrying on of vocational education in Ohio. Op. Attv. Gen. (1920), 
p. 328. 

A board of education can conduct its vocational classes out- 
side the limits of the school district, and can use its educational 
funds in the conduct of such classes. 

Schools of each district, including vocational educational 
classes, shall be free to all youth between six and twenty-one years 
of age, who are children, wards or apprentices of actual residents 
of the district, including children of proper age who are inmates 
of a county or district, or of any public or private, children's home 
or orphan asylum located in such district; and other persons than 
those mentioned in Section 7681, General Code, may be admitted to 
the schools of the district, including its vocational classes, upon 
such terms or upon the payment of such tuition as the board of 
education of the district mav prescribe. Op. Atty. Gen. (1920), 
p. 1031. 

A city board of education may establish and maintain voca- 
tional schools to which adults may be admitted, and may erect and 
equip suitable buildings, or set apart and use buildings under the 
control of the board of education for such purposes in the same 
manner and within the same limitations as it establishes and main- 
tains buildings for other school purposes. However, said schools 
should not be established for the exclusive use of adult pupils, but 
should be established for all who are eligible to attend. Op. Atty. 
Gen. (1920), p. 539. 



DEPARTMENT OF EDUCATION 



Section 367-2. The benefits of all funds appropriated subjects for 
under the provisions of said act are hereby accepted as to : ^re'^^accepred^ 

(a) Appropriations for the salaries of teachers, super- 
visors and directors of agricultural subjects. 

(b) Appropriations for salaries of teachers of trade, 
l-;ome economics and industrial subjects. 

(c) Appropriations for the preparation of teachers, 
supervisors and directors of agricultural subjects and teach- 
ers of trade, and industrial, and home economics subjects. 

history.— IC'7 V. 579, § 2; 108 v. Pt. I 356. 

Section 367-5. The state board of education shall Co-operation of 
have all necessary authority to co-operate with the federal ^f^^jj^ iedl^ai 
board for vocational education in the administration of said board. 
act of congress and of any legislation pursuant thereto 
enacted by the state of Ohio, and in the administration of 
the funds provided by the federal government and the state 
of Ohio under the provisions of this act [G. C. §§ 367-1 
to 367-7], for the promotion of vocational education in 
agriculture, commercial, industrial, trade, and home eco- 
nomics subjects. The board shall have authority to appoint 
such directors, supervisors and other assistants as may 
be necessary to carry out the provisions of this act [G. C. 
§§ 367-1 to 367-7], and fix their compensation ; such ap- 
pointments to be made upon the nomination of the secre- 
tary of the board. The salaries and traveling expenses of 
such directors, supervisors and assistants, and such other 
expenses as may be necessary to carry out the provisions 
of this act [G. C. '§§ 367-1 to 367-7], shall be paid upon the 
approval of the board. They shall have full authority to 
formulate plans for the promotion of vocational education 
in such subjects as an essential and integral part of the 
public school system of education in Ohio; and to provide 
for the preparation of teachers of such subjects, and to 
expend federal and state funds appropriated under the 
provisions of this act for any purposes approved by the 
federal board of vocational education. They shall have 
authority to make studies and investigations relating to 
prevocational and vocational education in such subjects; 
to promote and aid in the establishment by local commu- 
nities of schools, departments and classes, giving training 
in such subjects ; to co-operate with local communities in 
the maintenance of such schools, departments and classes ; 
to establish standards for the teachers, supervisors and 
directors of such subjects ; and to co-operate in the main- 
tenance of schools, departments, or classes supported and 
controlled by the public for the preparation of teachers, . 
supervisors and directors of such subjects. 

HISTORY.— 107 V. 579 (580), § 5; 108 v. Pt. I 356. 

Section 367-6. Any school, department, or class giv- Approved 

ing instruction in agricultural, commercial, industrial, trade 'eceivl sme 

and home economics subjects approved by the state board money equal 

of education and any school or college so approved, training feder"af m"one>'. 
teachers of such subjects, \\-hich receives the benefit of fed- 



State treasurer 
custodian of 
funds. 



DEPARTMENT OF EDUCATION 

eral moneys as herein provided, shall be entitled also to re- 
ceive for the salaries of teachers of said subjects an allot- 
ment of state money equal in amount to the amount of fed- 
eral money which it receives, as herein provided, for the 
same year. The state board of education shall recommend 
to each session of the general assembly the amount of money 
which will need to be appropriated by the state for sucli 
allotments for such other expenditures as may be necessary 
for the administration of this act [G. C. §§ 367-1 to 367-7I , 
during the succeeding biennial period. The state board 
shall also recommend such additional legislation as may be 
necessary for the promotion and admmistration of voca- 
tional education in the state. 



Ohio accept- 
anrp of pro- 
visions of 
Federal law 
for rehabilita- 
tion. 



HISTORY.— 107 



(oSO), § 6; lOS V. Pt. I 356 (357). 



Under Section 367-6, General Code, the state board of education 
should recommend to each session of the general assembly the 
amount of mone}^ which will need to be appropriated by the state, 
which amount added to the local expenditure of the districts for 
vocational education, would equal the federal allotment; and such 
state board of education should recommend to the general assembly 
additional appropriation items for the proper administration and 
carrying on of vocational education in Ohio. Op. Atty. Gen. (1920), 
p. 328. 

Section 367-7. The state treasurer is hereby desig- 
ated as the ciTstodian of all funds received from the 
United States treasury for vocational education under the 
terms of this act [G. C. §§ 367-1 to 367-7]. All money so 
received or appropriated by the state of Ohio for the pur- 
poses contemplated in the act of congress and in this act 
[G. C. §§ 367-1 to 367-7], or in acts supplementary thereto, 
shall be disbursed in accordance with law, upon the order 
of the state board of education. 

HISTORY.— 107 V. 579 (580), § 7. 

Section 367-8. The state of Ohio does hereby, 
through its legislative authority, accept the provisions and 
benefits of the act of congress, entitled "An act to provide 
for the promotion of vocational rehabilitation of persons 
disabled in industry or otherwise and their return to civil 
employment," approved June 2, 1920, and will observe and 
comply with all requirements of such act. 

HISTORY.— 109 V. 310. 



Custodian of 
funds. 



Section 367-9. The state treasurer is hereby desig- 
nated and appointed custodian of all moneys received by 
the state from appropriations made by the congress of the 
United States for the vocational rehabilitation of persons 
disabled in industry or otherwise, and is authorized to re- 
ceive and provide for the proper custody of the same and 
to make disbursements therefrom upon the order of the 
state board herein designated. 

TTTSTORY.— 109 V. 310. 



1)1-: I 'A R r M !•; .\ i" of kdu cat i o n 



59 



Section 3O7-10. The board heretofore created as the Co-operation 
state board of education to cooperate with the federal board "f fcfucadon^^ 
for vocational education in the administration of the pro- with Federal 
visions of the vocational education act, approved February 
23, 1917, is hereby designated as the state board for the 
purpose of cooperating with the said federal board in carry- 
ing out the provisions and purposes of said federal act 
providing for the vocational rehabilitation of persons dis- 
abled in industry or otherwise and is empowered and 
directed to cooperate with said federal board in the admin- 
istration of said act of congress ; to prescribe and provide 
such courses of vocational training as may be necessary for 
the vocational rehabilitation of persons disabled in industry 
or otherwise and provide for the supervision of such train- 
ing; to appoint such assistants as may be necessary to ad- 
minister this act and said act of congress in this state; to 
hx the compensation of such assistants and to direct the 
disbursement and administer the use of all funds provided 
by the federal government of this state for the vocational 
rehabilitation of such persons. 

HISTORY.-109 V. 310. 

Section 367-11. It shall be the duty of the state board pian of co- 
of education and the industrial commission of Ohio to operation, 
formulate a plan of cooperation in accordance with the pro- 
visions of this act and said act of congress, such plan to 
become effective when approved by the governor of the 
state. 

HISTORY.— 109 V. 310. 

Section 367-12. The state board designated to co- Authority to 
operate as aforesaid in the administration of the federal act, ^^^j.^^ £1^^- 
is hereby authorized and empowered to receive such gifts p- =-ed; re- 
and donations^ either from public or private sources, as ^°^^' 
may be offered unconditionally or under such conditions 
related to the vocational rehabilitation of persons disabled 
in industry or otherwise as in the judgment of the state 
board are proper and consistent with the provisions of this 
act. All the moneys received as gifts or donations shall be 
deposited in the state treasury and shall constitute a fund 
to be called the special fund for the vocational rehabilitation 
of disabled persons, to be used by said board to defray 
expenses of vocational rehabilitation in special cases, in- 
cluding the payment of necessary expenses of persons under- 
going training. A full report of all gifts and donations 
offered and accepted, together with the names of the donors 
and the respective amounts contributed by each, and all 
disbursements therefrom shall be submitted annually to 
the governor of the state by the state board. 

HIST0RY.-1C9 V. 810. 

Section 1270. The state medical board shall appoint Requisites for 

• 1 1 11 11- 1 • 1- 1 admission to 

an entrance examiner who shall not be directly or indirectly evamiration. 
connected with a medical college and who shall determine (^^^dicme.) 
the sufficiency of the preliminary education of applicants 



6o 



DEPARTMENT OF EDUCATION 



for admission to the examination. The following prelimin- 
ary educational credentials shall be. sufificient : 

A diploma from a reputable college granting the de- 
gree of A. B., B. S., or equivalent degree. 

A diploma from a legally constituted normal school, 
high school or seminary, issued after four years of study : 

A teacher's permanent or life certificate : 

A student's certificate of examination for admission to 
the freshman class of a reputable literary or scientific col- 
lege. 

In the absence of the foregoing qualifications, the en- 
trance examiner may examine the applicant in such branches 
as are required for graduation from a first class high school 
of this state, and to pass such examination shall be sufficient 
qualification. If the entrance examiner finds that the pre- 
liminary education of the applicant is sufficient, he shall, 
upon payment to the treasurer of the state medical board 
of a fee of three dollars, issue a certificate thereof, which 
shall be attested by the secretary of the state medical board. 

The applicant must also produce a certificate issued by 
the entrance examiner and a diploma from a legally 
chartered medical institution in the United States, in good 
standing, as defined by the board, at the time the diploma 
was issued, and which institution, subsequent to May ist, 
1913, requires for admission for the degree of M. D., to 
such institution, a preliminary education equal to that re- 
quired for graduation from a first grade high school in this 
state, or a diploma or license approved by the board which 
conferred the full right to practice all branches of medicine 
or surgery in a foreign country. 

HISTORY. — 99 V. 497, § 27; 103 v. 438. For an analogous statute, see 
R. S. § 4403c. 

For criminal liability incurred in practicing medicine without a cer- 
tificate, see G. C. § 12694. 



Board shall 
determine 
standing of 
school giving 
instruction, 
(Medicine.) 



Preliminary 
education of. 
applicant. 



Section 1274-5. The state medical board shall de- 
termine the standing of the schools, colleges, institutions or 
individuals giving instruction in such limited branches. If 
there shall at any time be such schools, colleges, institu- 
tions, or individuals giving instruction in such limited 
branches, the applicant for such certificate shall, as a con- 
dition of admission to the examination, produce a diploma 
or certificate from such a school, college, institution, or 
individual in good standing as determined by the board, 
showing the completion of the required courses of instruc- 
tion. 

The entrance examiner of the state medical board shall 
determine the sufficiency of the preliminary education of 
applicants for such limited certificate as is provided in sec- 
tion 1270 of the General Code ; provided, however, that the 
state medical board may adopt rules defining and establish- 
ing for any limited branch of medicine or surgery such 
preliminary educational requirements, less exacting than 
those prescribed by said section, as the nature of the case 
may require. 

HISTORY. — 1C6 V. 202 (204). 



DEf'ARTiMENT OF EDUCATION 



61 



Section 1283. Each person who desires to practice Examination to 
midwifery in this state, and is not authorized by law so to ^.^^H'^^ ^j^~ 
do, shall appear before the state medical board and submit application. 
to such examination as the board requires. 

In order to be admitted to the examination the appli- 
cant shall file with the secretary of the state medical board 
a written application, under oath, on a form prescribed by 
the board, and furnish satisfactory proof that she is more 
than twenty-one years of age and of good moral character. 

At the time of her application, the applicant shall file Evidence of 
with the secretary of the state medical board such evidence PduSion'^^re- 
of preliminary education as is required by law of applicants quired; 

r • .• . ^- J- • J ^ diploma. 

for exammation to practice medicme or surgery and present 
a diploma from a legally chartered school of midwifery, in 
good standing, as defined by the board, at the time the 
diploma was issued, or a diploma or license approved by the 
board which conferred the full right to practice midwifery 
in a foreign country, with her affidavit that she is the person 
named therein and is the lawful possessor thereof, stating 
her age, residence, the school or schools at which she ob- 
tained her education in midwifery, the time spent in each, 
the time spent in the study of midwifery, and such other 
facts as the state medical board requires. If engaged in 
the practice of midwifery, the affidavit shall state the period 
during which and the place where she has been so engaged. 

99 V. 500, § 40; 103 v. 538. For an analogous statute, see 



HISTORY 
R. S. § 4403c. 



Section 1289. Before he shall be admitted to an ex- 
amination before the state medical board a person who 
desires to practice osteopathy shall pay a fee of twenty-five 
dollars to its treasurer and file with its secretary such evi- 
dence of preliminary education as is required by law of 
applicants for examination to practice medicine or surgery, 
together with a certificate from an osteopathic examining 
committee as hereafter provided, showing that the appli- 
cant holds a diploma or a physician's osteopathic certificate 
from a reputable college of osteopathy as determined by 
such committee, and that he has passed an examination in 
a manner satisfactory to the committee in the subjects of 
pathology, physiological chemistry, gynecology, minor surg- 
ery, osteopathic diagnosis and the principles and practice 
of osteopathy. 



FIISTORY. — 
R. S. 4403f. 



V. .501, § 46; 107 v. 152. For analogous statute, 



Requirements 



for 

to 

in 



admission 

examination 

osteopathy. 



Section 1295-5. On and after January i, 1916, no Qualifications 

person shall practice nursing as a registered nurse in this J"^ui5e5'^^to^e^,. 

state without first complying with the requirements of this title graduate 

act [G. C. §§ 1295-1 et seq.]. All graduates in nursing ce?tSe.*'' 



shall either personally or by letter or proxy, present their 
diplomas to the nurses' examining committee for verifica- 
tion. Accompanying such diploma the applicant shall file 
an affidavit, duly attested, stating that the applicant is the 
person named in the diploma and is the lawful possessor 



(Nursing.) 



62 



DEPARTMENT OF EDUCATION 



Record of cer- 
tificate. 



Examination 
of applicants 
other than 
graduates. 



of the same. The appHcant shall state date of birth and the 
actual time spent in the study of nursing. If the committee 
shall find the diploma to be genuine and from a nurses' 
training school in good standing, as defined by the state 
medical board, and connected with a hospital or sanatorium, 
and the person named therein to be the person holding and 
presenting the same, and that said person has paid the fee 
as hereinafter provided for the examination of applicants, 
the committee shall issue a certificate, to that efifect signed 
by its secretary and chief examiner; such certificate, when 
left with a probate judge for record as hereinafter required, 
shall be conclusive evidence that its owner is entitled to 
practice nursing as a registered nurse in this state. 

/\11 other persons desiring to engage in such practice 
in this state, shall apply to the nurses' examining committee 
for a certificate, and submit to the examination hereinafter 
provided, except that all students who were on May i, 191 5, 
matriculated in a training school for nurses located in the 
state of Ohio, recognized by the state medical board of 
Ohio, and who shall have graduated subsequent to May i, 
191 5, and who shall file their diplomas for registration prior 
to June I, 19 1 8, shall receive certificate as heretofore pro- 
vided. The applicant shall file with secretary a written 
application, under oath, on a form prescribed by the state 
medical board, and provide proof that said applicant is more 
than twenty-one years of age and of good moral character. 
The applicant shall file documentar}^ evidence that before 
matriculating in a training school for nurses, said applicant 
received an education equivalent to that required for com- 
pletion of the first year of high school course of the first 
grade in this state, of four units of high school work, as 
defined in the school laws of Ohio, and evaluated by the 
entrance examiner of the state medical board in the same 
manner as provided in section 1270 of the General Code 
of Ohio, and a diploma of graduation from a training school 
in good standing, as defined by the state medical board and 
connected with a hospital or sanatorium. At the time of 
application the applicant shall present such diploma with 
the affidavit that said applicant is the person named therein 
and is the lawful possessor thereof, stating date of birth, 
residence, the training school or schools at which said appli- 
cant obtained education and training in nursing, the time 
spent in each, the time spent in the study and training of 
nursing, and such other facts as the state medical board 
required. If engaged in the practice of nursing, the affi- 
davit shall state the period during which and the place . 
where said nurse has been so engaged. 



HISTORY. — 1(6 V. 191 (192), § 5; 108 v. Pt. I 48. 
For criminal liability for violating this section, see G. 
and 1271.5-2. 



C. §§ 12715-1 



Examination SectioK 1 295-28. Every person desiring to com- 

'^ractu^one'S nicncc the practice of optometry, or if now in practice, to 

(Optometry.) coutinuc the practice thereof after January i, 1920, except 

as herein otherwise provided, shall take the examination 



DEPARTMENT OF EDUCATION 



63 



Standard ex- 
amination; 
who may take. 



provided in this act and fulfill the other requirements hereof 
as herein provided. Any person who has been engaged in 
the practice of optometry in this state for two full years 
immediately prior to the passage of this act or for one year 
in this and for the year preceding it in another state, and 
is of good character shall be entitled to take a limited exam- 
ination covering the following only : 

(a) The limitations of the sphere of optometry. 

(b) The necessary scientific instruments used. 

(c) The form and power of lenses used. 

(d) A correct method of measuring presbyopia, hy- 
permetropia, myopia and astigmatism. 

(e). The writing of formulae or prescriptions for the 
adoption of lenses in aid of vision. 

Any person serving in the military or naval forces of 
the .United States who was engaged in the practice of 
optometry previous to his entering such service shall be 
deemed as being engaged in the practice of optometry dur- 
ing the time he is in such service. 

Any person over the age of 21 years, of good moral 
character, who has had a preliminary education equivalent 
to two years of the course in a first grade high school, 
which shall be ascertained by examination or by acceptable 
certificate as to credentials for work done in such approved 
institution, and has graduated from a school or college of 
optometry in good standing, as determined by the board, 
which maintains a course in optometry of not less than two 
years shall be entitled to take a standard examination. 
Said standard examination shall consist of tests in practical, 
theoretical and physiological optics, in theoretical and prac- 
tical optometry and in the anatomy and physiology of the 
eye and in pathology as applied to optometry. Provided 
that any person not less than twenty-one years of age who 
is actually engaged in the practice of optometry at the time 
of the passage of this act [G. C. §§ 1295-21 to 1295-35] 
shall be entitled to take the standard examination merely 
upon proof to the board that he is of good moral character, 
and is not addicted to the intemperate use of alcohol or 
narcotic drugs. 

HISTORY. -IC8 V. Pt. I 73 (75), § 8. 

Section i 303-1. The state board of pharmacy shall Entrance 
appoint an entrance examiner who shall not be directly or %^}^^J,' ^"^^'' 
indirectly connected with a school of pharmacy and who 
shall have received the degree of B. A. or B. Sc, and who 
shall determine the sufficiency of the preliminary education 
of the applicants for admission to a school of pharmacy in 
good standing as defined in section 1303-2 of the General 
Code, and to whom all applicants shall submit credentials. 

The following preliminary educational credentials shall Preliminary 
be sufficient: The equivalent of eight units as given in a appn^antl °^ 
high school of the state of Ohio and on and after January 
I, 1920, a diploma from a legally constituted high school, 
normal school or academv, issued after at least fotu' vears 



fications; 

dutit-s. 

(Pharmacy.) 



64 DEPARTMENT OF EDUCATION 

of Study; provided, however, that in the absence of the 
foregoing quaHfications, the entrance examiner shall ex- 
amine the applicant in such branches as are required to 
Examination obtain them. Applicants desiring to enter a school of 
fee. pharmacy in good standing as defined in section 1303-2 of 

the General Code must submit certificates to the entrance 
examiner from their school authorities describing in full 
the work completed: Provided, that in the absence of all 
or any part of the foregoing qualifications, the applicant 
must present himself before the entrance examiner for the 
scheduled examinations : Provided further, that the ap- 
plicants upon presentation of certificates from their school 
authorities or in case of examination, must pay in advance 
to the board of pharmacy a fee of three dollars. If the 
entrance examiner finds that the preliminary education of 
the applicant is sufficient, he shall issue to the applicant a 
certificate therefor which shall be attested by the secretary 
of the state board of pharmacy. The compensation of the 
entrance examiner shall be fixed by the state board of 
pharmacy. 

HISTORY. —:06 V. 329 (330); 1C8 v. Pt. I 25i. 

Under section 1303-1 G. C. a diploma from a legally 
constituted high school, normal school or academy, issued after 
four years of stud}', is declared sufficient, and the holder thereof is 
not required to take an entrance examination to enter the state 
school of pharmacy. 

The high school thus referred to means a first grade 
high school, as defined in section 7658 G. C., which requires sixteen 
courses for. graduation. No specific provisions of law lay down 
similar requirements for graduation from a normal school or an 
academy; so that as to normal schools and academies, rules cover- 
ing admission to the school of pharmacy without examination must 
be made. 

Under section 1303-1 G. C., the state board of pharmacy 
may prescribe rules governing the sufficiency of requirements for 
entrance without examination to the school of pharmacy, but such 
requirements shall in no case exceed sixteen courses, pursued during 
four years of study. Nothing in said section provides that the 
board shall not accept fifteen courses, pursued during four years of 
study, as sufficient for entrance without examination. Op. Atty. 
Gen., No. 1904, March 9, 1921.' 

Certificate of SECTION 1321-1. The applicant shall also present with 

uon^^shaif^be*" ^^^ application a certificate of the state superintendent of 
filed with ap- public instruction, that he is possessed of a general educa- 
^Dent?st"ry.) tion cqual to that required for graduation from a first grade 
high school in this state. Said superintendent of public 
instruction shall issue a certificate without examining the 
applicant, provided said applicant presents to him one of 
the f ollow^ing credentials : A diploma from an approved 
college granting the degree of A. B., B. S. or equivalent de- 
gree; a certificate showing graduation from a high school 
of the first grade, or from a normal or a preparatory school, 
legally constituted, after four years of study; a teacher's 
permanent or life high school certificate; a certificate of 
admittance by examination to the freshman class of an ap- 
proved college granting the degree of A. B., B. S. or 



fee. 



DEFAKTMENT OF EDUCATION 65 

equivalent degree. In the absence of the foregoing creden- 
tials and before issuing such certificate the applicant shall be 
examined by said superintendent of public instruction, in 
such branches as are required from a first grade high school 
and to pass such examination shall be sufficient qualification 
to entitle such applicant to a certificate ; provided, however, 
that the superintendent of public instruction may designate 
any county superintendent of schools to hold such examin- 
ations at such times and places as may be necessary or con- 
venient. The fee for such examination shall be three dol- Examination 
lars and the fee for certificate shall be one dollar, both pay- 
able to said superintendent of public instruction and by him 
paid into the state treasury to the credit of the general 
revenue fund. Granting of certificates by examination by 
said superintendent of public instruction, and acceptance by 
said superintendent of certificates of admittance by examin- 
ations to the freshman class of approved colleges granting 
the degree of A. B., B. S. or equivalent degree, shall cease 
after January first, 1919. This shall not apply to students 
already enrolled in accredited dental colleges. 

HISTORY. — 106 V. 297 (298). 

Section 1342. Every person desiring to engage in the Application for 
practice of embalming or the preparation of the dead for ceSfficl?e°s"'and 
burial, cremation or transportation, in the state of Ohio, fee. 
shall make a written application to the state board of em- ^ ^ *"^"^' 
balming examiners for registration, giving such information 
as the said board may, by regulation, require for such regis- 
tration. Each application must be accompanied by a fee of 
one dollar with the certificates of three reputable citizens, 
(one of whom shall be a licensed embalmer) that the pro- 
posed applicant is of good moral character and stating his 
age and general education which shall be such as to entitle 
him or her to admittance to high school. If the said board 
shall find the facts set forth in the application to be true, 
the said board shall issue to s^id applicant a certificate of 
registration. Before a registered applicant can apply for y^^^^ ^^ jg_ 
and take an examination in the practice of embalming or tered applicant 
preparing for burial, cremation or transportation, the body ^i^natfo^n. ^''~ 
of any dead person in the state of Ohio, said applicant shall 
have completed to the satisfaction and approval of the said 
board; a course consisting of at least twenty-six weeks of 
studies in the science of embalming, disinfection and sani- 
tation in a regular school of embalming, recognized by said 
board or shall have had at least two years of practical ex- 
perience under a licensed embalmer in this state, during 
which time he or she shall have embalmed, (arterially) at 
least twenty-five dead adult human bodies. All applications 
for a license to practice embalming and the preparation of 
the dead for burial, cremation or transportation in this 
state, must be made to the state board of embalming ex- 
aminers in writing and contain the name, age, residence and 
the person or persons with whom employed, the name of 
the school attended tos^ether with a certificate from two 



66 DEPARTMENT OF EDUCATION 

reputable citizens that the applicant is of legal age and of 
good moral character, also a certificate under oath when 
required by the said board from the president or dean of 
the embalming school or college he or she has attended, 
that the applicant has complied with the requirements of 
said school or college or a certificate under oath, when re- 
quired by said board, from the licensed embalmer under 
whom he or she has worked as an apprentice, that he or she 
has complied with the requirements of apprenticeship as 
set forth in this section. Each application must be accom- 
panied by a fee of ten dollars and the certificate of regis- 
Contents of tration. If after the state board of embalming examiners 
exam'ination ^^^ Satisfied that the applicant has qualified as set forth in 
fee. this section, the said board shall cause the said applicant to 

appear before them and be examined in the subjects as set 
forth in the preceding section and he must pass said ex- 
amination with an average grade of not less than seventy- 
five per cent. 

HISTORY. — 99 v. 5C9, § 90; 107 v. 65i (656). For an analogous statute, 
see R. S. § 4412-16. 

Certified public Section 1373- A citizcu of the United States or a 

accountant. persou who has duly declared his intention to become such 
citizen, not less than twenty-one years of age, of good 
moral character, a graduate of a high-school or having 
received an equivalent education, with at least three years' 
experience in the practice of accounting and who has re- 
ceived from the state board of accountancy as herein pro- 
vided a certificate of his qualifications to practice as a 
public expert accountant shall be styled and known as a 
certified public accountant. No other person shall assume 
such title or use the abbreviation, "C. P. A.," or other words 
or letters to indicate that he is a certified public accountant. 

HISTORY. — 99 v. 332, § 1. 

Section 1700. When a person applies to the supreme 

How attorneys . . . ' . , , , ^ in K • i i • 

shall be ad- court f or admissiou to the bar, he shall be examined as to his 
mitted. fitness and qualifications, by the court or two of the judges. 

If on examination the court or judges are satisfied that he 
is of good moral character, has a competent knowledge of 
the law, and sufficient general learning, an oath of office 
shall be administered to him, and an order made on the 
journal that he be admitted to practice as an attorney and 
counselor at law in all courts of record of this state. But 
the supreme court may appoint a commission composed of 
not less than three persons learned in the law to assist 
in such examination, and to serve for one or more year. 

HISTORY. — R. S. § 559; 29 v. 411, § 2; S. & C. 92. 

Cited upon the proposition that in state examiners authority 
to fix the qualifications for admission may be delegated to exam- 
iners: Akron Board of Education v. Sawyer, 7 O. N. P. (N. SI) 
401, 19 O. D. (N. P.) 1; TheolDald v. State, 10 O. C. C. (N. S.) 
586, 20 O. C. D. 335. 

The supreme court, on the question of the admission of per- 
sons to practice law, acts in judical capacity, and a communication 



DliTARTMENT OF EDUCATION 



'V 



addressed to the court pertinent to the character of an applicant 
for admission to the bar, and received and acted upon by the court, 
is absolutely priviledged so far as an action for libel or slander is 
concerned: Wilson v. Whitacre, 4 O. C. C. 15, 2 O. C. D. 392. 

Section 1701. No person shall be admitted to an ex- 
amination unless he is twenty-one )?jears of age, has resided 
in the state for the year next preceding, and is a citizen 
of the United States or has declared his intention of be- 
coming a citizen thereof, nor until he has produced from 
an attorney at law a certificate that the apphcant is of good 
moral character, that he believes him to have sufificient legal 
knowledge and ability to discharge the duties of attorney 
and counselor at law, and that he has regularly and atten- 
tively studied law during the period of three years previous 
to such application, either under the tuition of a practicing 
attorney or in regular attendance at a law school, or for a 
part of such period under such tuition and for the rest of it 
m attendance at school. 

HISTORY. — R. S. § 06O; 91 v. 133; 55 v. 17, § 8; S. & C. 92. 

Section 1701-1. Any person who is or was a 
member of the army, navy or marine corps of the United 
States of America in the present world war and is in good 
standing or has been honorably discharged from the service 
and who at the time he entered the service was engaged in 
the study of law shall be entitled, upon the presentation of 
proper credentials, to the supreme court of Ohio, to a credit 
for the time that he was in the service, not exceeding one 
year, however, on the three years' period of study that is 
required as a condition precedent to the taking of the bar 
examination. 

HISTORY. — 108 V. Ft. I 67, § 1. 

Section 1851-1. All teachers who are employed or 
who shall hereafter be employed in any benevolent, correc- 
tional or penal institution of the state, except the State 
School for the Deaf and the State Institution for Feeble- 
minded, shall on and after September ist, 1923, possess 
such teachers' certificates or have such qualifications and 
approval as the superintendent of public instruction after 
conference with the ofificers in charge of the several institu- 
tions may prescribe for the various particular types of 
service or service in the particular institutions. 

HISTORY.-109 V. 140. 



Requirements 
for erxamina- 
tion to practice 
law. 



Credits to cer- 
tain members 
of army, navy 
and marine 
corps. 



Qualifications 
of teachers in 
state institu- 
tions. 



Section 185 1-2. The courses of study for the in- 
struction and training of all persons in the benevolent, cor- 
rectional or penal institutions shall be subject to the ap- 
proval of the superintendent of public instruction. 

HISTORY.— 109 V. 140. 

Section 185 1-3. The superintendent of public instruc- 
tion shall inspect personally or by deputy at least annually 
all institutions under the control of the board of adminis- 
tration which employ teachers, and shall make a report on 



Course of 
study in state 
institutions. 



Inspection of 
institutions by 
superintendent 
of public in- 
struction. 



68 



DEPARTMENT OF EDUCATION 



the teaching, discipHne and school equipment in these in- 
stitutions to the proper managing board and to the governor. 

HISTORY.-109 V. 140. 

Salaries of ap- SECTION 2250. The annual salaries of the appointive 

offi^erFand*^** ^^^^^ officers and employes herein enumerated shall be as 

employes. f olloWS : 

Department of Education : 

Superintendent of public instruction as director of 

education, six thousand five hundred dollars. 
Chief of division of examination and licensing, 

two thousand five hundred dollars. 
Chief -of division of film censorship, three thousand 

six hundred dollars. 



The assistant director of a department designated to 
fill one of the offices within such department for which a 
salary is fixed by this section shall receive the salary fixed 
herein for the position so held by him. 

HISTORY. —109 V. 128. 



Official reports 
shall be made 
in triplicate; 
where filed. 



Section 2264-1. Each elective state officer, and the 
adjutant'general, board of pardons, superintendent of pub- 
lic instruction, * * * the trustees of the Ohio state uni- 
versity, and every private or quasi-public institution, asso- 
ciation, board or corporation receiving state money for its 
use and purpose, shall make annually, at the end of each 
fiscal year, in triplicate, a report of the transactions and 
proceedings of his office or department for such fiscal year 
excepting however receipts and disbursements unless other- 
wise specifically required by law. Such report shall con- 
tain a summary of the official acts of such officer, board or 
commission, institution, association or corporation, and 
such suggestions and recommendations as may be proper. 
On the first day of August of each year, one of said reports 
shall be filed with the governor of the state, one with the 
secretary of state, and one shall be kept on file in the office 
of such officer, board, commission, institution, association 
or corporation. 

508, 



HISTORY. -106 ^ 
§ 2265, which was R. S. 
72 V. 179, § 7; S. & C. 
(808), § 18; and P. & A. 
S. & S. 80; and P. & A 



For analogous section, see P. & A. Code 
§§ 58, 62; 88 v. 498; 73 v. 160, § 3; S. & C. 825; 
>6; 101 V. 347; G. C. § 499-5, which was 103 v. 804 
Code § 614, which was R. S. § 264; 74 v. 33, § 12; 
Code § 614-80, which wasi 102 v. 549, § 84. 



Definition of 
terms. 



Section 2264-2. Wherever in the statutes of this state 
annual reports are required to be made to the governor, 
or annual reports to the governor are referred to, the words 
"to the governor" shall be held to mean annual reports in 
triplicate as provided in section 2264-1 and the special in- 
formation required by any such statutes to be included in 
such annual report to the governor shall be included in 
such triplicate reports. 

HISTORY. — 106 V. 508 (509). 



UliPARTMENT OF EDUCATION 69 

Section 2288-2. It shall be unlawful for any officer, certification of 
board or commission of the state to enter into any contract, quirerbJft"re 
agreement or obligation involving the expenditure of money, contract. 
or pass any resolution or order for the expenditure of 
money, unless the director of finance shall first certify that 
there is a balance in the appropriation pursuant to which 
such obligation is required to be paid, not otherwise obli- 
gated to pay precedent obligations. 

HISTORY.— 107 V. 457; 109 v. 130. 

Prior to the making by a state officer, board or commission of 
any contract involving the expenditure of money, the director of 
finance must, under the provisions of section 2288-2 G. C. (109 O. L. 
130) first certify that there is a balance in the appropriation 
pursuant to which such obligation is required to be paid, not other- 
wise obligated to pay precedent obligations ; but there is no re- 
quirement that he certify as to any balance in the fund in the 
state treasury upon which the appropriation is to operate. Said 
section merely requires that all contracts, agreements or obligations 
involving the expenditure of money, be brought within the amount 
set apart by the legislature for a particular purpose, and such 
setting apart may antedate the appearance of funds in the state 
treasury. Op. Atty. Gen., No. 2317, August 12, 1921. 

See Opinions of Attorney General, No. 2317 (1921), cited 
under Sec. 154-40. 



CHAPTER 3 
ORGANIZATION OF ORIGINAL SURVEYED TOWNSHIPS 



31S1. 



31 S2. 
31^3. 
3184. 



3187 



Duties of township officers relative to 
maps, notes, etc., of school and min- 
isterial lands. 

Duty of state supervisor. 

Division of lands. 

Reservation of timber, oil, gas, coal, 
etc. 

When land may be withdrawn from 
sale or lease. 

Appraisement when land desired by 
agricultural departmert; sale or lease. 

Lease by Ohio board of administration, 
for coal. 



Section 

3188. Operation' of mines; coal furnished 

state at cost. 

3189. Supervisor of school and ministerial 

lands. 

3190. Enforcement of laws. 

3191. Commission to investigate and settle 

claims. 

3192. Local charge and management. 

3193. Officer having interest in lease not 

eligible as managing officer; appoint- 
ment. 
3193-1. Fees of trustees and clerk. 



Duties of town- SECTION 3181. It sliall be the duty of the treasurer, 

ship officers olerk and trustees of all oris^inal surveyed townships, and 

relative ta n 1 rr • 1 1 1 -^1 

maps, notes, all Other oincers, excepting county recorders, charged with 
and'm^nis1:er?a/ oi" haviiig the posscssion or custody of records or papers 
'^"^s- pertaining to the lands appropriated by congress for the 

support of schools, or the purposes of religion, and of all 
officers charged by law with the administration of such 
lands, to transfer and deliver to the state supervisor of 
school and ministerial lands, all field notes, maps, surveys, 
books, records, deeds or leases and copies thereof, school 
land sales records, documents and papers of every descrip- 
tion, in their possession, relating to any school or ministerial 
lands in the state, whether such lands shall have been sold 
or still remain unsold. The state supervisor shall be the 
custodian thereof. 

HISTORY.— lOY V. 357, § 1. 

The proposition from the Act of 1802 "which finally became 
matter of compact between the general government and the state, 
was 'that the section number sixteen, in every township, and where 
such section has been sold, granted, or disposed of, other lands 
equivalent thereto, and most contiguous to the same, shall be granted 
to the inhabitants of such township, for the use of schools.' Here 
no distinction whatever is made between entire and fractional town- 
ships. Every township,' fractional or entire, containing a section 
sixteen, is entitled to it, if undisposed of ; if disposed of, then to its 
equivalent. The language is too clear to admit of doubt, but if a 
doubt could be raised, it would be removed by a reference to the 
ordinance of May 20, 1785, and July 23, 1787, by the first of which 
it was ordained that, There shall be reserved the Lot No. 16 of 
every township, for the maintenance of public schools within said 
• township ;' and further, that 'when any township or fractional part 

of a township' shall be sold, the deed to the purchaser shall except 
and reserve 'the lot No. 16 for the maintenance of public schools;' 
and in the second of which ordinances is the following fractional part 
of a township, to be given perpetually for the purposes contained in 
the said ordinance,' viz : the above ordinance of 1785, U. S. Land L., 
Senate Compilation, vol. 1, pp. 13, 14. 24, 25." Coombs v. Lane, 4 
O. S. 112. 

The lands were appropriated by the United States to the inhab- 
itants of each township for the use of schools, and the title thereto 

(70) 



Duty of state 
or. 



ORGANIZATION OF ORIGINAL SURVEYED TOWNSHIPS 

was vested in the legislature of the state "for the use aforesaid, and 
for no other use, intent or purpose," and were accepted by the state 
"upon the trust aforesaid." Bentley v. Barton, 41 O. S. 413. 

If the entry does not show for what township school lands were 
selected, user for over sixteen years by the township in which they 
lie, without any claim by any other township, raises a presumption 
that thev were selected for the former township. Coombs v. Lane, 
4 O. S."112. 

The gift by the United States to the state of section sixteen, 
in every township in trust for the use of schools, and for no other 
purpose whatever, does not exempt them after sale or lease by the 
state from taxation as other lands are taxed. Bentley v. Barton, 41 
O. S. 410. 

Where an action is started under authority of the act of 97 
Ohio Laws G17, for the sale of a tract of school lands, such action 
is not discontmuea by virtue of the act of lOT Ohio Laws 387, and 
such action may continue and the tract of lands be sold thereunder. 
Op. Atty. Gen. (1918), p. 1561. 

Section 3182. It shall be the duty of the state super- 
visor to furnish copies of deeds, leases, field notes, records supervis 
and other papers and documents that may be in his posses- 
sion relating" to the said lands, and such copies, when au- 
thenticated by the certificate and signature of the auditor 
of state, acting as state supervisor of school and ministerial 
lands, under the official seal of the auditor of state, shall 
be received as competent evidence and have like force and 
efifect as the originals. The state supervisor shall charge 
such fees for said copies as are provided by section 256 of 
the General Code. 

HISTORY.— 107 V. 357, § 2. 

Section 3183. Whenever any of the lands appropri- Division of 
ated by Congress for the support of schools or for religious ^^"^s. 
purposes, in the opinion of the state supervisor, requires 
division, or w^henever any lessee thereof desires that the 
same shall be divided and the state supervisor consents 
thereto, or if it is made to appear to the state supervisor 
that the description thereof is indefinite or uncertain, the 
state supervisor is authorized and empowered to appoint 
the surveyor of the county or employ any competent person 
to lay ofif such lands, or to re-survey the same or any part 
thereof, or to subdivide or correct the description of the 
same, in such manner as the state supervisor shall direct 
and such county surveyor shall be entitled to like compensa- 
tion as may be provided by law for similar services in other 
cases by such county surveyor. When such laying ofif or 
survey is made by a competent person other than the county 
surveyor, the state supervisor shall determine his compen- 
sation therefor, but such compensation shall in no case be 
greater than would be paid to the county surveyor for like 
services. Whenever such survey or laying ofif is made upon 
the application of the lessee, such lessee shall pay all or 
such part of the* expense thereof as may be determined by 
the state supervisor. 

history.— ]07 V. 357 (3;58), § 3. 



72 



ORGANIZATION OF ORIGINAL SURVEYED TOWNSHIPS 



Reservation of 
timber, oil, gas, 
coal, etc. • 



When land 
may be with- 
drawn from 
sale or lease. 



Appraisement 
whea land de- 
sired by agri- 
cultural de- 
partment; sale 
or lease. 



Lease by Ohio 
board of ad- 
ministration, 
for coal. 



Section 3184. It is declared to be the policy of the 
state to conserve the timber and mineral resources of the 
trust, and to this end the state reserves all timber, and all 
gas, oil, coal, iron and other minerals that may be upon or 
under the said school and ministerial lands, subject to such 
uses as may be by law provided, also reserving for the 
citizens of the state the use of all streams flowing through 
or abutting upon such lands for fishing and fowling, and 
so much of the bank thereof as may be necessary for such 
enjoyment and the protection of such stream from erosion, 
contamination or deposit of sediment. 

HISTORY.— 107 V. 357 (358), § i. 

Section 3185. Whenever any lease to such lands ex- 
pires, or the state recovers the possession of any such lands 
by forfeiture or otherwise, such lands may be, by the state 
supervisor, withdrawn from sale or lease until such time 
as the state agricultural department shall have had reason- 
able opportunity to examine such lands and determine 
whether the same are desirable for experimental purposes, 
or for reforestation purposes. 

history.— 107 V. 357 (358), § 5. 

Section 3186. Whenever such lands so withdrawn 
from sale or lease are by the state agricultural department 
found to be desirable for experimental or reforestation pur- 
poses, it may notify the state supervisor thereof, whereupon 
the state supervisor shall cause said lands to be appraised 
as in other cases. Thereupon the state agricultural depart- 
ment shall advise the state supervisor whether it desires 
to purchase the fee simple title of such lands or to lease 
the same, and for what term such lease is desired. If the 
state agricultural department desires the fee simple title 
thereto, and pays to the state supervisor for the benefit of the 
trust the sum of the appraised value thereof, the state super- 
visor shall prepare a deed in fee simple therefor and pre- 
sent the same to the governor for execution. Such deed 
shall be executed and delivered in the same manner as other 
deeds in fee simple for school and ministerial lands are ex- 
ecuted and delivered. If the state agricultural department 
desires to lease such lands, the state supervisor shall exe- 
cute a lease therefor, for such term of years as may be 
desired by said state agricultural department, upon the con- 
ditions as to annual rents reserved, reservations and reap- 
praisements as in other cases herein provided, and said state 
agricultural department is authorized and empowered to 
execute and accept delivery of leases. 

history.— 107 V. 3.57 (358), § 6. 

Section 3187. Whenever the Ohio board of adminis- 
tration shall notify the state supervisor that it desires to 
lease any such lands for the purpose of mining coal there- 
from for the use of the state, and such Ohio board of ad- 
ministration has entered into an agreement with the lessee 
of the surface of such lands holding under a lease from 



ORGANIZATION OF ORIGINAL SURVEYED TOWNSHIPS 



7Z 



the trustees of an original surveyed township or other board 
or officer empowered by law to execute and deliver such 
leases, reimbursing such surface lessee for all damages 
that he may suffer by reason of the entry upon such lands 
by the Ohio board of administration for the purpose of 
operating a coal mine thereon^ the state supervisor shall 
execute a coal lease thereon to such Ohio board of admin- 
istration. Such lease shall reserve to the state such royal- 
ties as may be determined by the state supervisor, the gov- 
ernor and the attorney general acting as a board for such 
purpose. And the Ohio board of administration is author- 
ized to execute and delivery of [deliver] such lease. 

HISTORY.— 107 V. 357 (35»), § 7. * 

Section 3188. The Ohio board of administration may Operation of 
mine coal from any of the lands set aside by Congress for wllLSte 
the support of the schools or the purposes of religion, and ^* <=ost. 
leased by it pursuant to law. It may employ for the pur- 
pose of operating such mines, all necessary superintendents, 
foremen, miners, engineers or other labor. Such coal shall 
be furnished the state and its public institutions at the actual 
cost of production, such cost to include a sufficient charge to 
cover the cost of replacement of and interest upon any 
permanent improvement upon such mining property. Any 
person employed in such mining operations shall be in the 
unclassified civil service of the state. 

HISTORY.— 107 V. 357 (359), § 8. 

Section 3189. By virtue of his office, the auditor of 
state shall be the state supervisor of school and ministerial 
lands, hereinbefore and hereinafter designated state super- 
visor, and as such shall have general charge of and super- 
vision over the lands appropriated by Congress for the sup- 
port of schools and purposes of religion as hereinafter pro- 
vided. He shall maintain a journal in which he shall enter 
his proceedings. 

HISTORY.— 107 V. 357 (359), § 9. 

Section 3190. He shall see that the laws relating to 
such lands are faithfully executed. The state supervisor 
may bring and prosecute an action, in the name of the state, 
to enforce the provisions and covenants of any lease upon 
said lands, to restrain the illegal use of such lands or the 
commission of waste, and to recover damages arising out 
of the commission of such waste upon any existing cause 
of action or cause of action that may hereafter arise, or 
that may be otherwise necessary to enforce the laws relat- 
ing to such lands. Such action shall be commenced in the 
county wherein the land or a major portion thereof are 
[is] situated. 

HISTORY.— 107 V. 357 (360), § 10. 

Section 3 191. Whenever there is a cause of action commission to 
arising out of any default in the payment of rents, or the y^t^^J^ff^^f^^g"^ 
commission of any waste, or the breach of any covenant 



Supervisor of 
school and 
ministerial 
lands. 



Enforcement 
of laws. 



■ UKGAXIZATION UF ORIGIXAL SURVEYED TOWNSHIPS 

of a lease, or for trespass upon such lands, prior to the tak- 
ing effect of this act, the governor, attorney-general and 
state supervisor, acting as a commission, may, upon appli- 
cation of the person, persons, partnership or corporation 
liable or claimed to be liable therefor, investigate the same, 
and may compromise and settle the claim of the state in 
such manner and upon such terms as may, in their judg- 
ment, be just to those so liable and not prejudicial to or 
violative of the trust. No right or claim of the state in. or 
to such lands shall be affected by any action or proceeding 
at law except as in this act provided. 

HISTORY.— 107 V. 3-57 (.360), § 11. 



Local charge 
and manage- 
ment. 



Section 3192. The trustees, clerk and treasurer of 
the civil township in wdiich such land or the major part 
thereof is situated shall, under the direction of the state 
supervisor, and as hereinafter provided, have local charge 
and management of all lands in this state appropriated by 
Congress for the support of schools- or for purposes of 
religion, as follows : 

HISTORY.— 107 V. 357 (360), § 12. 



Officer having 
interest in 
lease not 
eligible as man- 
aging officer; 
appointment. 



Compensation 
of officers. 



Section 3193. Should it appear that any such town- 
ship officer resides on, has a lease of or interest in a lease- 
hold in any such lands, either direct or indirect, he shall not 
be eligible to act as such officer having local charge and 
management of such lands. And in such cases, the remain- 
ing trustees with the approval of the county auditor shall 
appoint for the term of such ineligible officer a resident of 
such township, who does not possess any one of the dis- 
qualifications so as aforesaid described. The person so 
appointed shall, if in the stead of a township trustee, act 
with the remaining members of the board of township 
trustees in all matters affecting their duties as herein pro- 
vided, or, if in the stead of a township clerk, or treasurer, 
he shall perform all the duties herein charged upon the town- 
ship clerk or treasurer as the case may be. The clerk shall 
be allowed one .per cent, upon all monies collected by him. 
The treasurer shall be allowed one-half of one per cent, 
upon all monies received by him. The trustees shall be al- 
lowed one dollar and a half for each day actually and nec- 
essarily employed by them. Where such services are ren- 
dered in respect to lands under lease from the state, such 
fees and compensation of the trustees shall be paid out of 
the monies derived from the rents of such lands in the 
manner provided in section 16. Where such services are 
rendered in respect to the sale, or surrender of lease and 
sale of such lands, fees and compensation of the trustees 
shall be paid, upon presentment of the voucher of the 
trustees, attested by the clerk, by the warrant of the auditor 
of state, out of the proceeds of such sale, or surrender of 
lease and sale. 



HISTORY.— 107 V. 357 (360), 



ORGANIZATION OF ORIGINAL SURVEYED TOWNSHIPS 75 

Section 3193-1. Whenever the trustees meet for the ^ces of tms- 
purpose of making distribution of the ministerial trust fund, tees and clerk. 
they shall each receive a fee of ten per centimi of the sum to 
be distributed, but in no case to exceed one dollar and fifty 
cents each, and the township clerk shall receive a fee of 
fifty cents for recording the action of the trustees and writ- 
ing the orders on the county auditor. 

HISTORY. ~]r> v. Pt. I 61S (ti-20). 



CHAPTER 4 
SCHOOL AND MINISTERIAL LANDS 



Section 

3194. Duties of trustees. 

3195. Duties of clerk. 

3196. Duties of treasurer. 

3197. Bonds of officers; state supervisor 

may require increase of bond. 

3198. Making improvements; procedure. 

3199. Removal of officer; appointment of 

agent. 

3200. Report of owner of subsisting lease 

to state supervisor. 

3201. Powers and duties of state super- 

visor and trustees relative to exist- 
ing leases. 

3202. Transfer or assignment of leases; 

records. 

3203. Procedure to obtain new lease where 

original lost or not recorded. 
32C3-1. Annual appraisement of subsisting 

leases. 
3203-2. Report of appraisement to state 

supervisor; filing protest. 
32C3-2a. When new appraisement may be 

directed; report to supervisor. 
3203-3. When tracts appraised separately and 

as an entirety. 
3203-4. How sale or lease executed. 
3203-4a. Resurvey and lease. 
3203-5. Publication of intended lease or sale 

of lease; acceptance of proposals. 
3203-6. Terms of years. 
32;3-7. Special reservations. 
3203-8. Rent. 

3203-9. When and to whom rents payable. 
3203-10. Action for recovery on failure of 

payment. 
3203-11. Advertisement of sale. 
3203-12. When lessee shall be given prefer- 
ence for new lease. 
3203-12a. Lease upon contract providing shares 

in lieu of cash. 
3203-13. Reservations of minerals required to 

be made in conveyances of school 

or ministerial lands. 
32:3-14. Former vote sufficient authority for 

sale; petition for sale; election. 
3203-15. Sale upon consent of inhabitants; 

notice of sale. 
3203-16. Opening, tabulating and transmitting 

of bids to state supervisor. 
3233-17. Sale must not be for less than ap- 
praised value. 



Section 

3203-18. 

3203-19. 

3203-20. 
3203-21. 

3203-21a. 
3203-22. 



3203-23. 
3203-24. 

3203-25. 

3203-26. 

3203-27. 

3203-28. 

3203-29. 

3203-30. 

3203-31. 



3203-32. 
3203-33. 

3203-31. 

3203-35. 

3205. 

3206. 



3209-1 . 



3228. 
3229-1. 



3239. 
3243. 



2693. 



Terms of sale. 

Payment of costs; disposition of bal- 
.ance. 

Surrender of lease. 

How lessee may obtain title in fee 
simple. 

What deemed compliance with law in 
conveyance. 

Application to trustees to surrender 
lease and acquire title in fee; hear- 
ing objections. 

Notice of approval. 

When application for surrender shall 
be considered. 

When deed shall be executed and 
delivered to lessee. 

Term.s of such surrender and con- 
veyance. 

When surrender and sale shall be 
made pursuant to general law. 

Proceedings where privilege has been 
granted under general law.^ 

When state supervisor may waive re- 
quirements of ancient statute. 

When lessee on surrender desires 
lease or purchase of ministerial 
lands. 

Provisions in lease required relative 
to damages, when state executes 
lease for oil, gas, etc. 

Lands to which 3209-1 applies. 

Apportionment of rents to district, 
etc. 

Entry of amount payable to each 
county. 

Apportionment by county auditor. 

Annual dividend of ministerial fund; 

Who entitled to participate in min- 
isterial fund; proportion. 

Certain leases of school lands made 
valid. 

Auditor of state authorized to lease 
unsold portions of sections 16 and 
29 and other land in lieu thereof 
for oil, gas or other minerals. 

Re-entry in case of non-payment. 

Notice of pendency of proceedings to 
sell before order shall issue. 

The ministerial trust fund. 

Error in calculation of purchase 
money shall be corrected. 

Money received from section sixteen. 



Duties of 
trustees. 



Section 3194. The trustees shall : 

1. See that no waste of any kind is permitted upon 
any such lands, that no coal, iron, oil, gas or other minerals 
are removed or extracted therefrom unless by express 
authority of the state, that no timber is cut or removed 
therefrom other than such as may be reasonably necessary 
for use on the premises for firewood, or fences, or other 
improvements thereon, and then only upon the written con- 
sent O'f the trustees. And they shall report forthwith, to the 
state supervisor, all cases of such waste or attempted waste 
as may come to their knowledge. 

2. Recommend to the state supervisor any improve- 
ment on any such lands as may be required by the terms of 

(76) 



SCHOOL AND MINISTERIAL LANDS 'J J 

the lease or leases by which such lands are held by the 
tenants of the state, or that may be deemed by them neces- 
sary for the proper care^ conservation or utilization thereof. 
And, upon the state supervisor approving and ordering such 
improvements, toi make or cause to be made, and carry such 
improvements to completion. 

3. Perform such other duties in relation to such school 
and ministerial lands as the state supervisor may prescribe. 

4. They shall from time to time examine all such lands 
and require that they be kept in good repair and that the 
improvements thereon, if any, whether made by the tenant 
or by the state, be kept in good repair. They shall require 
that such lands shall be so used as not to destroy or- un- 
necessarily impair their fertility. 

HISTORY.— 107 V. 357 (361), § 14. 

The proposition from the Act of 1802 "which finally became 
matter of compact between the general government and the state, 
was 'that the section number sixteen, in every township, and where 
such section has been sold, granted, or disposed of, other lands 
equivalent thereto, and most contiguous to the same, shall be granted 
to the inhabitants of such township, for the use of schools.' Here 
no distinction whatever is made between entire and fractional town- 
ships. 'Every township,' fractional or entire, containing a section 
sixteen, is entitled to it, if undisposed of; if disposed of, then to its 
equivalent. The language is too clear to admit of doubt, but if a 
doubt could be raised, it would be removed by a reference to the ordi- 
nances of May 20, 1785, and July 23, 1787, by the first of which it 
was ordained that, 'There shall be reserved the Lot No. 16 of every 
township, for the maintenance of public schools within said town- 
ship ;' and further, that 'when any township or fractional part of 
a township' shall be sold, the deed to the purchaser shall except and 
reserve 'the lot No. 16 for the maintenance of public schools;' and 
in the second of which ordinances is the following provision: 'That 
lot No. 16, in each township or fractional part of a township, to be 
given perpetually for the purposes contained in the said ordinance,' 
viz. : the above ordinance of 1785, U. S. Land L., Senate Compila- 
tion, vol. 1, pp. 13, 14, 24, 25." Coombs v. Lane, 4 O. S. 112. 

The lands were appropriated by the United States to the inhab- 
itants of each township for the use of schools, and the title thereto 
was vested in the legislature of the state "for the use aforesaid, and 
for no other use, intent or purpose," and were accepted by the state 
"upon the trust aforesaid." Bentley v. Barton, 41 O. S. 413. 

If the entry does not show for what township school lands 
were selected, user for over sixteen years by the township in which 
they lie, without any claim by any other township, raises a presump- 
tion that they were selected for the former township. Coombs v. 
Lane, 4 O. S. 112. 

The gift by the United States to the state of section sixteen, 
in every township in trust for the use of schools, and for no other 
purpose whatever, does not exempt them after sale or lease by the 
state from taxation as other lands are taxed. Bentley v. Barton, 
41 O. S. 410. 



Section 3195. The clerk of the township shall: 
I. Maintain a record of the proceedings of the 
trustees, including a record of all bids received and all con- 
tracts awarded, of all rents due or collected, in such man- 
ner and form as may be prescribed by the state bureau of 
inspection and supervision of public offices. 



Duties of clerk. 



78 



SCHOOL AND MINISTERIAL LANDS 



2. He shall collect all rents, issuing his receipt there- 
for, and paying the same over to the township treasurer 
forthwith, taking the receipt of such treasurer therefor. 
And whenever, by the terms of any subsisting leases or the 
law pursuant to which the same have been executed, the 
collection of rents devolves upon the trustees or treasurer 
of any original surveyed township, the county commissioner, 
county treasurer or any other officer ; demand of payment 
and collection of such rents and the payment thereof by the 
lessee pursuant to this section is hereby fully authorized 
and sufficient as though so provided in such leases or such 
laws. 

3. He shall perform such other duties in relation to 
such lands as the state supervisor may prescribe. 

HISTORY.— 107 V .357 (361), § 15. 



Duties o£ 
treasurer. 



Section 3196. The township treasurer shall: 

1. Maintain a record of all rents due or collected and 
payments made to the state auditor, in such manner and 
form as may be prescribed by the state bureau of inspection 
and supervision of public offices. 

2. He shadl receive from the clerk all rents collected, 
issuing his receipt therefor to such clerk. 

3. He shall on the first Monday in the months of 
November and May of each year pay over all such rents, 
after deducting therefrom all fees provided for in section 
13, and the cost of bonds provided for in section 17, to the 
auditor of state, and the same shall be by the auditor of 
state carried to the credit of the original surveyed township 
or other district of country for which such lands were ap- 
propriated, and by the auditor of state paid into the state 
treasury to be carried in special accounts to be known, re- 
spectively, as the School Land Rental Fund and the Min- 
isterial Trust Rental Fund. 

HISTORY.— 107 V. 357 (362), § 16. 



Bonds of 
fleets. 



o£- 



State super- 
visor may re- 
quire increase 
of bond. 



Section 3197. The duties herein devolved upon the 
township trustees, clerk and treasurer shall be in addition 
to the duties otherwise devolving upon them by law, and 
the bonds of each, executed pursuant to sections 3269, 3270, 
3300, 3310 and 331 1 of the General Code, shall be liable 
for the faithful performance of their several duties under 
this act, and the faithful accounting for all property and 
moneys that may come into their hands pursuant to the 
provisions of this act, or under color of office. The state 
supervisor may, however, require that the bonds required 
by the aforementioned sections of the General Code shall 
be increased in such sum as in his opinion will be necessary 
to fully protect the school and ministerial land trust. If 
the state supervisor appoints an agent in the stead of a re- 
lieved and discharged township officer, such agent shall give 
bond, payable to the state of Ohio, with sureties approved by 
the state supervisor, in such sum as the state supervisor shall 
prescribe, conditioned on the faithful performance of his 



SCHOOL ANJ) MINISTERIAL LANDS 79 

duties as such agent, and that he will fully account for all 
property and moneys that may come into his hands as such 
agent pursuant to law or under color of his office. Such 
bonds required of agents shall be filed with the state super- 
visor. The cost of such bonds required of agents and the 
cost of such increased sum of the bonds of township officers 
shall be paid out of any funds derived from the rents of 
the school or ministerial lands. 

HISTORY.— 107 V. 357 (362), § 17; lOS v. Pt. I 618. 

Trustees of school lands have no authority to consent to an 
assessment against such lands for road improvement. Op. Atty. 
Gen. (1911) p. 1034. 

Township trustees are not authorized under Section 3197, Gen- 
eral Code, to pay a proportionate share of the cost of establishing a 
county ditch through, and which is of benefit to, school lands in 
Section 16 of an original surveyed township. 

Lands in School Section 16 which have been sold or are held 
under a permanent lease subject to revaluation as unimproved lands 
every thirty-three years, may be assessed under the rule of benefits, 
to pay a proportionate part of the cost and expense of establishing 
a county ditch through said lands. Op. Atty. Gen. (1915), p. 274. 



ng im- 
provements; 



Section 3198. Whenever the trustees find that it is Mak 
desirable to make improvements upon such lands as are proc™r" 
under lease or are to be leased, and are authorized so to do 
by the state supervisor, then they shall proceed to make 
such improvements as follows : Whenever the estimated 
expense thereo'f will not exceed one hundred dollars, they 
may cause such improvement to be made under contract 
specifying the character of the improvement, the kind and 
quality of materials to be used, the labor to be employed 
and the quality of work to be performed, which contract 
shall be for a specific sum not in excess of one hundred 
dollars. No such contract shall be entered into where the 
completion of an improvement will require more than one 
such contract. Whenever the probable cost of such im- 
provement shall exceed one hundred dollars, the trustees 
shall cause plans, details, bills of material and estimates 
thereof to be prepared in the manner and form provided 
for in section 2314, of the General Code. Such plans, de- 
tails, bills of material and estimates shall be submitted, in 
duplicate, to the state supervisor for his approval; if such 
approval is given, the state supervisor shall return to the 
trustees one copy thereof, .with the approval written thereon, 
and thereupon the trustees shall give public notice, in the 
manner prescribed by the state supervisor in such approval, 
of the time and place where sealed proposals will be re- 
ceived for making such improvement and a contract 
awarded therefor. On the day named in such notice, such 
trustees shall open the proposals and award the contract to 
the lowest bidder, and shall forthwith transmit a copy of 
such bid to the state supervisor. No proposals shall be 
considered unless accompanied by a bond of the bidder 
with sufficient sureties, conditioned that, if accepted, the 
bidder will enter into and faithfully perform a proper con- 
tract in accordance with the proposal, plans, details, bills 



80 SCHOOL AND MINISTERIAL LANDS 

of material and specitications, which shall be made a part 
thereof. Provided, however, that if in the opinion of the 
trustees the acceptance of the lowest bid or bids is not for 
the best interests of the trust, they may, with the written 
consent of the state supervisor, accept another proposal so 
opened, or reject all proposals and advertise for others 
in the manner hereinbefore provided. If the authoriza- 
tion of the state supervisor is for the trustees to pay the 
expense of such improvement, then at the time named in 
the contract for payment to the person or persons with 
whom it is made, such trustees shall make or cause to be 
made, a full, accurate and detailed estimate of the various 
kinds of labor performed and materials furnished there- 
under, with the amount due for each kind of labor and 
material and the amount due in the aggregate therefor, 
which estimate shall be based upon actual measurements, 
and shall give the amounts of the preceding estimates, if 
any, and the amount of material furnished and labor per- 
formed since the last preceding estimate. Such estimate 
shall be filed with the auditor O'f state, who shall carefully 
scrutinize the same, and compare it with the contract pur- 
suant to which it is made. If he shall find the same cor- 
rect and the amount justly due under the contract, he shall 
issue his warrant upon the state treasurer for the sum 
thereof, payable out of any monies in the hands of such 
state treasurer derived from rents of the lands upon which 
such improvement is made. If the authorization of the 
state supervisor is for the trustees to contract with the 
lessee of such lands for the making of such improvement 
at the immediate charge of such lessee, then said trustees 
may enter into a contract with such lessee by the terms of 
which the improvement will be made by the trustees in the 
manner herein provided for, but the expense thereof shall 
be payable by the said lessee as and when the aforemen- 
tioned estimates are filed and approved by the state super- 
visor. And in such cases, the amount of such estimates 
shall become a lien upon the leasehold and the improve- 
ments thereon made by the lessee, and shall be proceeded 
against as is herein provided as to other liens and charges 
against such leasehold and such lessee, and the sum thereof 
recovered by such trustees or the state supervisor in the 
name of the state for the use and benefit of the said trust. 
Whenever such improvement is completed and fully paid 
[for] by such lessee, a receipt shall be given to such lessee 
by the trustees for the money so paid, which receipt shall 
by said lessee be given to and received by the clerk as a 
full quittance and payment of rents for such lands due or to 
become due from such lessee to the amount of such trustees' 
receipt, and such clerk shall, on his semi-annual settlement 
with the auditor of state report and credit himself with the 
sum of such receipt. The cost of all plans and estimates 
herein provided for shall be included in the cost and ex- 
pense of such improvement and paid in like manner as 
such other cost and expense. 

HISTORY.-107 V. 357 (363), § 18. 



SCHOOL AND MINISTERIAL LANDS 8l 

Section 3199. If the state supervisor finds upon in- Removal of of- 
vestigation that any such township officer is not satis- ^^^^ oPi'gint 
factorily administering such trust, or fails to properly per- 
form any duty or act herein required of him, or if any 
township officer requests to be relieved of duties relating 
to the school or ministerial lands, the. state supervisor may 
relieve and discharge such officer from the performance of 
all duties imposed upon him in the administration of the 
school and ministerial land trust under this act. The state 
supervisor may thereupon select and appoint in the stead 
of such discharged and relieved township officer an agent, 
which agent shall perform all and singular the duties de- 
volved by law upon such relieved and discharged town- 
ship officer, and shall give bond as required by law. The 
release and discharge of such township officer shall not 
otherwise affect him or operate to relieve him from his 
duties otherwise devolving upon him as such township of- 
ficer. The agent so appointed may be appointed to act 
in the stead of more than one township officer. 

HISTORY— 1€7 v. 357 (364), § 19; lOS v. Pt. I CIS (619). 

Section 3200. Each lessee of such lands holding un- Report of 
der a lease at the time O'f the passage of this act, whether owner of sub- 

, rii 1 r • • 11 sisting lease 

the term 01 such lease be for nmety-nme years renewable to state super- 
forever or for a less term, shall, on or before the 31st day ^'^°^* 
of December, 191 7, or at any later date that may be fixed 
by the state supervisor by publication for one issue in one 
newspaper in each county of the state in which such exten- 
sion of time is granted, report to the state supervisor his 
name and post office address, a sufficient description of the 
land so held by him, the number of acres therein, a copy 
of the original lease, or if such be not obtainable, an affida- 
vit setting forth the reason therefor, the transfer or con- 
veyance under which he makes claim of title, and such 
other information as may be required by the state super- 
visor from time to time for the purpose of securing an 
accurate and permanent record of the titles of the school 
and ministerial lands of the state. Neglect or refusal so 
to do shall operate to take from such lessee the benefits 
of the provisions of this act relating to surrenders of 
leases and sale. 

HISTORY.— 107 V. 357 (365), § 20. 

Section 3201. Whenever by the conditions of exist- powers and 
ing leases or the law pursuant to which such leases have ^"^grvisor ^Imt 
been executed, the power and duty of enforcing payment trustees reia- 
of rents by distress or other process or proceeding, and of [J,g^ leased ^^ 
making re-entry for breach of covenant, is charged upon 
county commissioners, trustees of original surveyed town- 
ships, county treasurers, or other officer or officers, such 
powers and duties shall hereafter be exercised and per- 
formed by either the state supervisor or the township 
trustees and the exercise of such powers and the perform- 
ance of such duties by the state supervisor or the town- 
6 s. L, 



82 



SCHOOL AND MINISTERIAL LANDS 



Trans 
signm 
leases 



fer or as- 
ent of 
; records. 



Procedure to 
obtain new 
lease where 
orieinal lost or 
not recorded. 



ship trustees shall have the same effect and force in law 
as though the same was written in such leases. 

HISTORY.— 107 V. 857 (S65), § 21. 

Section 3202. No transfer or assignment hereafter 
executed of a lease conveying the leasehold interest in and 
to a part of a tract of land so leased shall be valid unless 
there is first filed with the trustees of the township having 
the local charge and management of such lands, duplicate 
copies of such assignment or transfer, including a descrip- 
tion of such assigned or transferred parcel from which 
such parcel may be accurately determined and platted. The 
trustees, upon the receipt of such copies, shall transmit one 
thereof to the state supervisor, who shall make a note 
thereof on his records, and one thereof to the auditor of 
the county in which the land or a major part thereof lies. 
The trustees shall also keep such record thereof as may be 
prescribed by the state supervisor. Whenever such trans- 
fer or assignment is so made, the assignor and assignee shall 
also, in writing, file with the trustees their joint agree- 
ment setting forth the proportion of the valuation made 
for the purpose of determining the sum of the annual 
rents of the entire tract which shall be charged to the 
assigned or transferred parcel. 

mSTORY.--lC7 V. .357 (.365), § 22. 

Section 3203. Whenever such school or ministerial 
lands have been occupied for forty years continuously last 
preceding the taking effect of this act under descents and 
conveyances claiming to be derived from an original lease 
to such lands executed by authority of the state, and the 
execution of such lease, or the record of such descents and 
conveyances from such original lessee, preceding the year 
1874, are lost or not recorded and are not susceptible of 
proof, the state supervisor, upon the application of the 
occupant so claiming title, and upon proof being made to 
his satisfaction of the bona fides of such claim of title, 
and upon proof of full and complete compliance with the 
laws pursuant to which such assumed original lease is 
claimed to have been executed and of the covenants that 
should or would have been written in such original lease, 
shall advertise in the township in which such lands are 
situated, and in .the township or district the inhabitants of 
which are beneficiaries thereof, the fact that such applica- 
tion has been filed, such publication to be made in the 
manner and for the period of time determined by the state 
supervisor and the expenses thereof shall be paid by such 
applicant. If after thirty days following the completion 
of such publication, the state supervisor is satisfied that the 
claim of the applicant is bona fide and that he is entitled 
thereto, he shall execute to such occupant a new lease for 
such lands conformable to the provisions of the act pursu- 
ant to which such lands were originally leased and also of 
this act in so far as the same may be applicable. Protest, 
hearings and examination of witnesses upon such applica- 



SCHOOL AND MINISTERIAL LANDS 83 

tion, may be had as herein provided in cases where the 
lessee seeks to surrender his lease and obtain a fee simple 
title to his holdings. 

HISTORY.~107 V. 357 (360), § 23. 

Section 3203-1. The state supervisor shall, on the Annual ap- 
first day of February of each year, or at such other time fubitstTng^ °^ 
when the provisions of subsisting- leases or the law pursuant leases. 
to which such leases have been executed require revalua- 
tions to be made, file with the auditor of the proper county, 
or other authority at the time charged by law with the 
duty of appraising, or causing to be appraised, the lands of 
such county for purpose of taxation, a list of all school 
and ministerial lands that are required to be appraised 
for purposes of determining the sum of the annual rents, 
or of valuation for purposes of leasing or sale. Such 
auditors, in addition to their other duties, shall make or 
cause to be made an appraisal of all such lands as in other 
cases of valuation of lands by them required to be made, 
provided, however, that in making such appraisal they shall 
be guided by the following rules and limitations: If the 
lands are improved pursuant to this act, or have been form- 
erly improved by the trustees of the original surveyed town- 
ship or other offixzers having the care, control and manage- 
ment thereof, they shall appraise such lands with the im- 
provements thereon at their true value in money. If the 
lands have been improved by the lessee or his predecessors 
in title at his or their own charge, they shall be appraised 
at their true value in money in their unimproved state, 
disregarding such improvements. Provided, however, that 
whenever the law pursuant to which leases executed prior 
to the taking effect of this act were so executed, requires 
a different rule and limitation, the law pursuant to which 
such lease was executed shall govern the action of such 
appraising officer or officers, but in all cases the value of 
any minerals or of the easement in or to any stream upon 
said lands shall not be inclu.ded in such appraisement. 

HISTORY.— 107 V. 357 (366), § 24. 



Section 3203-2. The county auditor or other ap- Report of ap- 
praising officers shall report such appraisements to the praisement to 
state supervisor and the trustees who are in local charge visor; ^fiimg 
and management thereof. Any person affected by such P^^^^^t. 
appraisal may, within thirty days after the same shall have 
been so reported, file with the state supervisor a protest 
against the same. Whenever such a protest is filed, the 
state supervisor shall direct the board of trustees to select 
an arbitrator and the lessee or other person so protesting 
to select an arbitrator, and the state supervisor shall ap- 
point an arbitrator. Such arbitrators shall meet at the 
time and place that shall be designated by the state super- 
visor and review such appraisement, and may either con- 
firm the same or determine upon and fix a different valua- 
tion, and their action therein shall, when approved ]yy the 



84 



SCHOOL AND MINISTERIAL LANDS 



State supervisor, be final: The award made by them shall 
be filed with the state supervisor and the trustees. 

HISTORY.— 107 V. 357 (367), § 25. 

When new ap- SECTION 3203-2a. If the lessee or the trustees fail 

bfdiJ^Sd™? within thirty days after notice from the state supervisor 
port to super- to make and report to the state supervisor the name and 
^'^°'"' address of such arbitrator, or if the arbitrators fail to meet 

at the time and place designated by the state supervisor, the 
state supervisor may direct a new appraisement to be made 
by two householders of the township in which the lands 
lie. The report of such householders shall be filed with 
the state supervisor and a copy posted at the usual meeting 
place of the township trustees, and any person affected by 
such appraisal may, within thirty days after the receipt of 
such report by the state supervisor, file with the state 
supervisor a protest against the same. Should the state 
supervisor, on hearing, find that the protest is just, he 
may set aside such last appraisal and direct a new appraisal 
by two householders of the county in which such lands lie. 

HISTORY.— 108 V. Pt. I 618 (620). 



V/hen 
apprai 
rately 



tracts 
sed sepa- 

and as 
tirety. 



Section 3203-3. Whenever revaluation of any lease 
is required by law to be made, and it appears that the tract 
included in such lease has, at the time such revaluation is 
had, been subdivided by assignments or transfer by the 
lessee, and that such subdivisions are held by different per- 
sons, each parcel shall be separately revalued. And should 
it appear at such time that parcels out of two or more 
leases have been so assigned or transferred to a person or 
persons in joint ownership, and the time of making such 
revaluation is identical as to each such parcel, such several 
parcels shall be revalued as an entirety. And in such 
cases, if the time for making such revaluations is not iden- 
tical as to each such parcel, and the holder of such lease- 
hold title shall make application to have all such parcels 
revalued on the same day, the state supervisor may, if the 
interests of the trust are not injured thereby, direct that 
thereafter such several parcels shall be revalued at the 
same time as requested in such application. 

HISTORY.— 107 V. 357 (367), § 26. 

How sale or SECTION 3203-4. Exccpt whcu withdrawn from sale 

lease executed, or Icasc, the State supcrvisor is authorized and empowered 
to lease school and ministerial lands as hereinafter pro- 
vided, and to execute and deliver written leases therefor, 
signing the same as auditor of state acting as state super- 
visor of school and ministerial lands, and affixing the seal 
V " of the auditor of state. 

HISTORY.— 107 V. 357 (368), § 27. 

Resurvey and SECTION 3203-4a. Whenever lands are to be leased 

^ease. ^^-K^ the Icssce in possession has no option of acceptance 

pursuant to section 3203-12, the state supervisor may cause 

such .lands to be resurveyed and leased in separate tracts 



SCHOOL AND MINISTERIAL LANDS 



8s 



of not less than ten acres, nor more than one hundred and 
sixty acres. 

HISTORY.— 108 V. Pt. I 618 (620). 



Section 3203-5. In all cases where such lands are to Publication of 
be leased, the state supervisor shall cause publication o"*^"^!!^ ^J ^^^^ 
thereof to be made in such newspapers as he shall direct, lease; accept- 
or by posting notices thereof in at least five public places JoSis?^ ^^°' 
within such township. Such publication shall be for such 
time and made in such ananner as he shall direct, and shall 
advertise the appraised value of each tract of land, the 
time when proposals will be received or the sale of such 
leases had, and such other iaxits as in the opinion of the 
state supervisor shall be made known. If the state super- 
visor determines that it is for the best interest of the trust 
he may provide for the sale of such lease or leases by 
public auction held upon or in the vicinity of such lands ; 
otherwise he shall require the filing of sealed proposals. 
He shall give preference to and accept only the proposal 
for each tract so to be leased which offers the best terms 
for the trust. He may refuse to accept any or all pro- 
posals. The state supervisor may require the lessee of 
such lands, at the time of the execution of the lease there- 
for, to execute notes for the payment of the rents reserved, 
with or without security to his approval. 



HISTORY.— 1C7 V. 357 (36S), 



103 V. Pt. I 618 (620). 



Section 3203-6. The terms of years for 
such leases may be executed shall be as follows : 

1. Town lots may be leased for any term not exceed- 
ing fourteen years ; 

2. Lands for agricultural purposes may be leased, if 
unimproved, for any term not exceeding twenty years, or 
if improved for any term not exceeding ten years. 

HISTORY.— icr V. 857 (368), § 29. 



which Terms of 
years. 



Section 3203-7. In each lease there shall be a 
special reservation to the state of all oil, gas, coal and 
other minerals ; all timber, except such as may reasonably 
be necessary for firewood and fences upon the premises 
leased; the right to the state and its citizens to enjoy the 
piscatorial advantages of any stream that may be on or 
about upon such lands, and also of the right of egress 
and ingress to streams, if the lands abut upon such streams 
if such easement is or may become necessary for such en- 
joyment, and so much of the bank thereof as may be neces- 
sary for such enjoyment, and the protection of such streams 
from contamination, erosion or deposit of sediment; also 
reservations of the ris^ht of entrv to lessees of coal, sras, 
oil, or other minerals. 



Special reset 
vations. 



HISTORY.-107 V. .357 (368), 



30, 



S6 



SCHOOL AND MINISTERIAL LANDS 



Rent. Section 3203-8. The rent reserved in such leases 

shall in all cases be such bonus as may be bid therefor 
together with five per centum per annum on the appraised 
value. 

HISTORY.— 1(1/7 V. 357 (S68), § 31; 108 v. Pt. I 618 (619). 



When and to 
whom rents 
payable. 



Section 3203-9. All rents shall be payable, in respect 
to leases executed prior to the taking effect of this act, at 
such time or times as may be in such leases provided, or 
if not so provided in any such lease, and in all leases here- 
after executed, at such times as may be prescribed by the 
state supervisor, and shall be payable to the township clerk 
without demand, and wherever in leases executed prior to 
the taking effect of this act or the law pursuant to which 
such leases have been executed, payment of rent is re- 
quired to be made to the trustees or treasurer of an orig- 
inal surveyed township or to the county treasurer, or other 
officer, this section shall supersede such other provisions 
and payment of rents pursuant to this section shall be 
a full compliance with the conditions of such lease respect- 
ing the officer to whom payment of rent shall be made. 

history.— 107 V. 357 (368), § 32. 



Action for re- 
covery on fail- 
ure of pay- 
ment. 



Section 3203-10. On failure to make payment of any 
rent when due and payable, if notes have been required 
and given to secure the payment of such rents, the state 
supervisor shall comence an action in the court of common 
pleas of Franklin county, to recover thereon and prosecute 
such action to judgment and execution. The cause of ac- 
tion upon such notes shall be deemed to have arisen in said 
county of Franklin, and summons shall issue as in other 
civil actions. From the judgment rendered in such action 
there shall be no appeal by the defendant therein, or stay 
of execution. If such notes have been required or given 
to secure the payment of such rents, or when full recovery 
has not been secured upon such notes, then, on failure to 
make payment of any rent when due and payable, the 
state supervisor shall commence an action in a court of 
competent jurisdiction, in the county wherein such lands 
are situated, in the name of the state, to recover such rents, 
or balance of rents, and to the judgment rendered in such 
action no stay of execution shall be allowed. If, after 
judgment rendered, either upon such notes or in such 
action for recovery of rents, on final process, no goods or 
chattels can be found whereby collection can be made, 
or if mesne process can not be served, upon the return 
thereof, the state supervisor or any person designated by 
him to act in that behalf, shall in the name of and in be- 
half of the state of Ohio, re-enter upon the lands of the 
delinquent, and sell at public vendue the right and title 
of such lease in and to said leasehold estate, to satisfy 
such rent, damages and costs. 

history.— 107 V. 357 (369), § 3.3. * 



SCHOOL AND MINISTEKJAL LANDS 



^7 



Section 3203-11. The state supervisor shall cause ^d 
advertisement of such sale to he made by publication in a of 
newspaper in general circulation within the county, and by 
posting in three of the most public places within the town- 
ship wherein such land is situated, such advertisement shall 
give a description of the land, the number of acres, a de- 
scription of the improvements, the name of the delinquent 
lessee, the amount of delincjuent rent and provable interest 
and costs, and the time and place of sale. At the time 
and place stated in such advertisement said leasehold shall 
be sold to the highest bidder, provided, however, that no 
bid shall be entertained which will not be sufficient to pay 
all arrearages of rent, interest thereon and costs. In case 
the leasehold can not be sold for that amount, the same 
shall revert to the state as such trustee. And in case said 
sale yields a sum in excess of said delinquent rents, inter- 
est and costs, the surplus shall be" paid to the delincjuent 
lessee upon demand. 

HISTORY.— 107 V. 357 (369), § 34. 



vertisemeiu 
sale. 



Section 3203-12. Whenever it becomes necessary to when lessee 
again lease any such lands because of the expiration of the preflrence^^^fo" 
term of a lease, and the lessee has improved said lands, new lease. 
and it shall appear that such lessee has bid for a new 
lease, but that his proposal is not as advantageous to the 
trust as other bids, then, if such lessee within five days 
after the opening of such proposals, in writing offers to 
accept a lease upon the same terms as those offered by the 
best bidder, he shall be given preference and the state 
supervisor shall execute a new lease to such lessee, his 
heirs or administrators or assigns, upon the terms so of- 
fered, provided that such lessee has fully performed all 
and singular the conditions and covenants of his former 
lease. 

history.— 107 V. 357 (370), § 35. 



Section 3203-i2a. If upon the advice of the town- 
ship trustees the state supervisor is of the opinion that any 
tract of land can yield the best gain by leasing the same 
upon a contract providing for the farming of the same on 
shares in lieu of a cash rent, the state supervisor may enter 
into; such a lease and contract. Whenever the state super- 
visor finds that it is for the best interest of the trust he 
shall advertise the sale of such a contract and lease, pub- 
lishing the time and place where sealed bids will be re- 
ceived, or the sale of such lease had, the fact that a lease 
and contract will be executed in the manner aforesaid and 
a pertinent description of the land. Such advertisement 
shall be in such form and manner as the state supervisor 
shall determine. On the day so advertised such sale shall be 
had or all bids shall be opened, and the bidder who offers 
the best terms for the trust shall be awarded such lease and 
contract. The term of such lease and contract shall be 



Lease upon 
contract pro- 
viding shares 
in lieu of 
cash. 



88 



SCHOOL AND MINISTERIAL LANDS 



governed by the provisions O'f section 3203-6 of the Gen- 
eral Code. 

HISTORY.— 108 V. Pt. I 618 (621). 



Reservations 
in conveyance. 



Former vote 
sufficient au- 
thority for 
sale. 



Petition for 
sale: election. 



Section 3203-13. Each conveyance of the fee simple 
title, except when such school or ministerial lands are 
located within the corporate limits of a city, shall contain 
reservations of all oil, gas, coal and other minerals, and, 
where the land abuts upon a flowing stream, or such a 
stream flows through such land, the enjoyment of such 
stream for fishing and fowling and the right of egress and 
ingress over such land to and from such stream when the 
same is or may become necessary for such enjoyment and 
to all rights and easements granted or hereafter granted 
under the provisions of law providing for the leasing of 
such lands for gas, oil, coal, iron and other minerals. 

HISTORY. —107 V. 357 (370), §36, 109 v. 41. Each section of this act, 
and every part thereof, is declared to be an independent section in 107 v. 357 
(381), §58. For an analogous section, see P. & A. Code and Supp. thereto § 
3210, which was R. S. §§ 1418, 1418a; 70 v. 195, § 133; 99 v. 359; 105 v. 6 (8). 

Section 3203-14. Whenever any vote has been had 
in an original surveyed township or fractional township, 
or in any district of country for the benefit of the inhabit- 
ants of which congress appropriated any lands for the 
support of schools or the purposes of religion, by which 
vote the inhabitants of such township, fractional town- 
ship or district of country consented to the sale of such 
lands, such favorable vote shall be and remain a suffi- 
cient authorization for the sale, or surrender of lease and 
sale of such lands within such township, fractional town- 
ship or district of country as provided by the acts of con- 
gress of February i, 1826, A. D., and February 20, 1833. 
If the consent of the inhabitants O'f any original surveyed 
township or fractional township or of any district of coun- 
try for whose benefit said school or ministerial lands were 
set aside and appropriated by congress has not heretofore 
been obtained, the state supervisor, upon the petition of ten 
of the inhabitants of such original surveyed township or 
fractional township, or of twenty inhabitants of such dist- 
rict O'f country larger than an original surveyed township, 
shall cause to be submitted to the inhabitants of such town- 
ship or fractional township or district, as the case may be, 
the question of whether the school or ministerial lands 
appropriated by congress for the support of schools or 
purposes of religion, shall be sold. Such election shall be 
held at the same time as the general election next following, 
more than thirty days after the filing of such petition, and 
shall be conducted and governed by the general election 
laws of the state insofar as the same may apply. The 
result of such vote shall be, by the boards of state super- 
visors of elections under whose supervision such election 
was conducted, forthwith certified to the state supervisor. 
Within thirty days after receiving such certified returns, 
the state supervisor and the attorney-general shall tabulate 



SCHOOL AND MINISTERIAL LANDS 89 

the same and publish the result. If a majority of the 
inhabitants, as shown by the last federal census, of such 
original surveyed township or fractional township, or of 
such district of country within which such election was 
had, vote in favor of such sale, such vote shall be and 
remain forever a consent of the inhabitants thereof for the 
sale or surrender of lease and sale of such school and 
ministerial lands. 

HISTORY.— 107 V. 3a7 (370), § 37. 

Section 3203-15. Whenever the consent of the m- saie upon con- 
habitants of an original surveyed township or district, as ffa"nts*;*notilfe* 
the case m.ay be, pursuant to the acts of congress of Feb- of safe. 
ruary, 1826, and February 20, 1833, has been obtained, the 
state supervisor, with the consent of the trustees of the 
township having local charge and management thereof, 
may dispose of any school and ministerial lands, by sale 
in the manner following, provided, however, that no such 
lands shall be sold pursuant to this section if there be a 
perpetual leasehold interest therein, and if such lands are 
held upon lease for a less term of years, the purchaser at 
such sale shall take such lands subject to the incumbrance 
of such lease but shall be subrogated to the rights of 
the state under such lease. Within six months preceding 
the day of sale such lands shall first be appraised as 
provided in sections 24, 25 and 26 of this act. The state 
supervisor shall cause the fact of such sale to be adver- 
tised in some newspaper of general circulation within the 
township in which such lands are, for a period of at least 
thirty days preceding the day when bids shall be opened, 
advertising therein the day of opening of bids, the valua- 
tion of such land, the technical description of such lands 
and the location thereof, with reference to the highways of 
such township and a description of the character thereof, 
and the improvements thereon, and the time and place 
where sealed bids may be filed with the trustees of the 
township having the local control and management of such 
lands. 

HISTORY.-107 V. a57 (371), § 38. 

Section 3203-16. All bids shall be filed with the opening, tabu- 
trustees of the township and by them opened and tabulated lating and 
at the time and place stated in such advertisement and the bidsTo state" 
lands declared to be sold to the highest bidder. The trus- supervisor, 
tees shall forthwith transmit the original bids, the tabula- 
tion thereof and their award to the state supervisor, and 
upon the successful bidder paying to the treasurer of state 
upon the draft of the auditor of state the sum of said suc- 
cessful bid, the state supervisor shall prepare a deed con- 
veying said lands in fee simple to such successful bidder 
and deliver it to the governor of the . state, together with 
his certificate, under the seal of the auditor of state, that 
all papers required by law have been properly filed, that 
the proceedings are according to law and the purchase 



90 



SCHOOL AND MINISTERIAL LANDS 



Sale must not 
he for less 
than appraised 
value. 



Terms of sale. 



money fully paid. When signed by the governor, counter- 
signed by the secretary of state, and sealed with the great 
seal of the state, such deed shall be returned to the state 
supervisor, who shall transmit it to the trustees, who shall 
deliver it to the grantee. 

HISTORY.— 107 V. 357 (371), § 39. 

Section 3203-17. No lands shall be sold under the 
preceding section for less than the appraised value thereof 
as determined in the manner provided by sections 24, 25 
and 26. 

HISTORY.— 107 V. 357 (372), § 40. 

Section 3203-18. Such land may be sold for cash 
to be paid within ten days following the day of opening the 
bids, or, unless the principal value thereof consists in the 
growing timber thereon, may be sold upon terms of one- 
third cash to be paid within ten days next following the 
opening of the bids, one-third to be paid in one year and 
one-third to be paid in two years after the day of such 
partial cash payment, interest to be paid upon the deferred 
payments at the rate of six per centum per annum, payable 
annually, and when so sold, whenever full payment of both 
the principal and interest of the purchase price has been 
made as provided by section 39 a deed therefor shall be 
executed as therein provided. 

history.— 107 V. 357 (372), § 41. 

Section 3203-19. The cost of such proceedings shall 
be paid on the voucher of the trustees and the warrant of 
the auditor of state, out of the proceeds of such sale. The 
balance of such proceeds shall, if the lands are for the sup- 
port of schools, be placed in the "common school fund" 
as provided by law, and if the lands are for the purposes 
of religion, shall be placed in the "ministerial fund" as 
provided by law. 

history.— 107 V. 357 (372), § 42. 

Depository interest on moneys paid into the state treasury since 
July 1, 1917, on account of sales of school and ministerial lands, and 
left there uninvested by the commissioners of the sinking fund but, 
together with other moneys, deposited in the state depositories, 
should be credited to the interest accounts in the common school 
fund and the ministerial trust fund, respectively. 

Where no separate account has been kept of specific moneys 
placed in depositories the average rate obtained by the state on in- 
active deposits should be so credited. 

The commissioners of the sinking fund have no authority 
respecting the control and deposit of money in the hands of the 
treasurer of state and belonging to the ministerial trust and com- 
mon school funds. They may withdraw such funds for investment 
in specified securities but may not control the powers and duties of 
the treasurer of state with respect to the depositing of general bal- 
ances. Op. Atty. Gen. (1918), p. 377. 

e , r Section -^20^-20. Except when lands have been with- 

Surrender of *^iii - irii 

lease. drawn from sale, the lessee ot any tract or lot 01 school 

or ministerial land who holds under a permanent lease or 



Payment of 
costs; disposi- 
tion of bal- 
ance. 



SCI iOUL AM) -\ 1 I X i S r ]•: 1< I A L ] , A N 1 )S 9 T 

lease for ninety-nine years, renewable forever, may sur- 
render such lease and obtain the fee simple title to such 
lands in the manner following" : 

HISTORY.— KT v. 857 (372), § 43. . 



lessee 



Section 3203-21. At any time wnthin three years hq^,. 
next following June 29, 1917, any lessee, holding under a ^ay oMam 
lease renewable forever, may make application to the state simple. 
supervisor setting forth a description of the lands for 
wdiich he desires a title in fee simple, the quantity thereof, 
the date of his lease or assignment of lease under wdiich 
he claims title, the price per acre and the total price which 
he desires to pay for such title in fee simple, and such 
further information that may be required by the state 
supervisor. The state supervisor thereupon shall make 
such investigation of the title of such applicant, and of the 
history of the tract of land in question, as he shall deem 
necessary to make a determination of the price which such ' 
applicant shall be required to pay for such title in fee 
simple. In making such determination the state super- 
visor may take into consideration the amount of taxes for 
state, county and other purposes wdiich have been charged 
upon such lands and paid, the moral obligations which may 
rest upon the state because of the neglect of its admin- 
istrative officers to administer the trust and the terms of 
the trust as defined in the acts of congress relating thereto; 
but nothing herein shall be construed as creating any legal 
obligation against the state arising from the payment of 
such taxes or such neglect of its administrative agencies. 
The state supervisor shall ^determine what price the ap- 
plicant shall pay for the fee' simple title to such lands and 
the manner of payment, and wdienever the applicant or 
his assigns shall have paid the said purchase money in 
full into the state treasury, the auditor of state shall pre- 
pare a deed for such lands conveying the same in fee 
simple to such applicant or his assigns, and shall deliver 
such deed to the governor of the state, together wath his 
certificate that all papers required by law^ have been prop- 
erly filed and that all conditions precedent to the execution 
of such deed have been complied w^ith. When signed by 
the governor, countersigned by the secretary of state and 
sealed with the great seal of the state of Ohio, such deed 
shall be returned to the state supervisor who shall transmit 
it to the applicant or his assigns. 

HISTORY.— 1{17 V. 3.>7 (372), § 43-1; 108 v. Pt. I 61S (619). 

Section 3203-2 la. All deeds heretofore executed pur- ^^^^^^ deemed 
suant to section 3203-21 of the General Code if or any lands compliance 
for wdiich the full purchase price as determined pursuant conveyance" 
to said section 3203-21 of the General Code has been paid 
into the state treasury, and the sales of which lands are 
evidenced by such deeds, are hereby confirmed, and the 
filing of an application, the determination of a price by 
the state supervisor and the payment in full into the state 



SCHOOL AND MINISTERIAL lANDS 

treasury of the price so determined shall be held to be a 
sufficient compliance with the law, though otherwise the 
conditions precedent to the execution and delivery of such 
deed have not been complied with, and the purchasers and 
their assigns and heirs at law shall hold the said lands by 
a title as good and valid as though the proceedings for such 
sale had been in complete conformance with section 3203-21 
of the General Code. 

HISTORY.— 108 V. Pt. I 618 (621). 



Application to 
trustees to 
surrender 
lease and ac- 
quire title in 
fee; hearing 
objections. 



Section 3203-22. Any lessee desiring to surrender 
his lease and acquire the fee simple title to such lands, 
shall, unless within the three year period therein pro- 
vided he has made application as provided in section 43-1, 
file his application with the trustees of the township having 
the local control and management of such lands, setting 
forth a description of the lands for which he desires the 
fee simple title, the quantity thereof, the date of his lease 
or assignment of lease under which he claims title, the price 
per acre, and the total price which he desires to pay for 
such title, which in no event shall be less than the appraised 
value of such land. Thereupon the trustees shall adver- 
tise, by posting in at least five public places within the 
township, the fact that such application has been filed with 
them. Such advertisement shall set forth a true copy of 
the application, and the time and place at which the trus- 
tees will act thereon. At the time and place so fixed, the 
trustees shall hear all objections to consenting to such sur- 
render, which objections may be oral or by writing, or 
both, and shall, after such full hearing, determine whether 
it will be for the best interest of the beneficiary of the 
trust to accept said proposal. If they decline to accept, 
their action upon such application shall be final, but in 
such case such application may be again made after the 
expiration of six months. If they accept such proposal, 
they shall forthwith transmit such application and a certifi- 
cate of their action thereon, together with all written ob- 
jections and a statement of all oral objections, to the state 
supervisor. 

history.— 107 V. 357 (373), § 44. 



Notice of ap- 
proval. 



Section 3203-23. If the state supervisor finds that 
such objections, if any, are not substantial and sufficient, 
and if he finds that the action of the trustees is for the 
best interest of the trust, then he shall notify the trustees 
thereof, and they shall at once notify the lessee of such 
approval of their action so given. 

history.— 107 V. 357 (373), § 45. 



V/hen applica- 
tion for sur- 
render shall be 
considered. 



Section 3203-24. Except upon surrender of lease 
and sale as provided in section 43-1, in no case shall such 
application for surrender be considered, or any conveyance 
of the fee simple title be executed, where the revaluation 
of such lands has not been made in full compliance with 



SCHOOL AND MINISTERIAL LANDS 93 

the act pursuant to which such original lease was executed, 
or where the 'other terms, conditions and reservations of the 
lease under which such applicant claims title, have not been 
fully complied with, special laws heretofore enacted not- 
withstanding. Provided, however, if revaluation has not 
been made as required by the original lease or the law 
pursuant to which it was executed, and instead thereof re- 
valuation has been made pursuant to sections 24, 25 and 
26 within one year from the time of faking effect of 
this act, and the rents due upon such revaluation have been 
fully paid, such former ifailure to make or cause to be 
made such revaluations shall not be a bar to such surrender 
and sale. 

HISTORY.— 107 V. 357 (873), § 46. 

Conveyance of fee simple titles to permanent leaseholds of 
school and ministerial lands of the state, which have not been re- 
valued pursuant to the provisions of the original act under which 
such leases were executed, may be made by the state to the lessees 
or their assigns, and deed executed in compliance with the provisions 
of Sections 3203-28, 3203-22, 3203-23, 3203-25 and 3203-26 of the 
General Code. Op. Atty. Gen. No. 2903, Feb. 25, 1922. 

Section 3203-25. If within twenty days after such When deed 
notice to the lessee of the approval of the action of the Lecuted and 
trustees accepting the applications of such lessee, such lessee fg^gg^^^^ *° 
shall file with the trustees a sufficient release of the orig- 
inal lease under which he claims title, and of his right, title 
and interest in said lands under such lease, and shall have 
paid to the state treasurer,^ upon the certificate of said 
trustees and the draft of the state auditor the full sum 
required by him to be paid for the state lands, and have filed 
the receipt of such treasurer with said trustees, and shall 
have paid to such trustees the proportionate amount of 
rent due under said lease for that part of the current 
year to and including the day of such approval of the 
action of the trustees by the state supervisor, the said 
trustees shall certify to the state supervisor that such lessee 
has fully complied with all conditions of his lease, has 
paid the rents under such lease in the manner aforesaid, 
and has filed such a sufficient release. Thereupon, the 
state supervisor, being first satisfied that all such condi- 
tions have been fully complied with, and that the pur- 
chase riioney has been paid in full to the state treasurer, 
shall prepare a deed conveying such lands in fee simple 
to such lessee, and shall deliver the same to the governor 
of the state, together with his certificate that all papers 
required by law have been properly filed and that all 
conditions precedent to the execution of such deed have 
been complied with. When signed by the governor, coun- 
tersigned by the secretary of state, and sealed with the 
great seal of the state, such deed shall be returned to the 
state supervisor, who shall transmit it to the trustees to be 
by them delivered to the grantee. 

HISTORY.— 107 V. 357 (374), § 47. 



94 SCHOOL AND MINISTERIAL LANDS 

Terms of such SECTION 3203-26. Sucli Surrenders and conveyance 

surrender and ^lav be made uDon tcrms of cash to be paid within twenty 

convej'ance. -^ . ^ . ^ ^ i,* 

days after such notice of the approval by the state super- 
visor of the action of the trustees, or one-third cash at 
such time, and the remaining two-thirds in two equal in- 
stallments payable with six per centum interest per annum 
payable annually, in one and two years after the date of 
such first payment. And whenever the payments are so 
deferred, the lessee shall promptly make such payments, 
upon the certificate of the trustees and the draft of the 
state auditor, to the treasurer of state, and take his receipt 
therefor, provided, however, that until such purchase money 
is fully paid, no timber shall be cut or removed except 
what may be reasonably necessary for fences and im- 
provements, upon the written consent of the trustees. 

HISTORY.— 107 V. 357 (371), § 48. 

When sur- SECTION 3203-27. Whenever, by the terms oi any 

render and general law, surrcudcrs of leases and the acquisition oif a 
made pursuant fcc simple title from the state was provided for upon terms 
Jaw^^"^^^^ and conditions affecting substantial property rights, and 
differing from the provisions of this act regulating sur- 
renders of leases and sales, the surrender of such leases 
and sale of such lands to such lessee shall be had pursuant 
to such general law. Provided, however, that such lessee 
may, in writing filed with the state supervisor, waive his 
rights and privileges under such general law, and proceed 
under the provisions of this act to make such surrender 
and obtain such fee simple title. 

HISTORY.— 107 V. 357 (.375), § 49. 

Proceedings SECTION 3203-28. Whcrevcr, by any general law 

J^^^er^ privilege the privilege has been granted to lessees, whose leases re- 
granted under quire revaluations to be made, to surrender their leases 
general law. ^^^ obtain fee simple titles to such leased lands for the 
sum of the valuation made for purposes of determining 
the sum of the rent reserved, and vested property rights 
have been acquired therein, and it has become impossible 
through no fault of such lessee, his heirs or assigns, to 
comply with the technical requirements of such general law, 
the lessee of such lands, his heirs or assigns may make ap- 
plication to the trustees as hereinbefore provided for sur- 
render of leases and the securing of fee simple titles. And 
thereupon such proceedings as to advertising, hearings of 
objections and action upon such application by the trus- 
tees, shall be had as in other cases of applications for 
surrender of lease hereinbefore provided for, excepting 
however, that if such application be rejected by the trus- 
tees their action in that regard shall be certified to the state 
supervisor together with all written objections and a state- 
ment of all oral objections. Upon such application and the 
certificate of the trustees being filed with the state super- 
visor, all papers in the matter shall be by him referred to a 
commission consisting of the governor, attorney general 



SCHOOL AND MINISTERIAL LANDS 



95 



and state supervisor. Said commission shall determine 
whether the action of the trustees is for the best interest of 
the trust and also equitable to the said lessee, and shall also 
determine what sum less than the actual value of such 
lands shall be accepted by the state for such fee simple 
title, consideration being given by said commission to any 
moral obligation arising from the continuation in effect 
wthout repeal of the general law providing for the pro- 
curement of fee simple titles for the sum of the said 
valuation. Provided that nothing herein shall be con- 
strued as raising a legal obligation upon the state to so do, 
or to modify any law now in force, or to effect [affect] 
the repealing cause [clause] of this act. 

HISTORY.— 107 V. 357 (375), § SO. 

Section 3203-29. Wherever, by any general law that when state 
may be in force at the time of taking effect of this act S^'requi^e- 
the privilege has been granted to lessees holding under JJfJJgf^t ^^tute 
leases which do not require revaluation for the purpose of 
determining the sum of the rent reserved, to surrender their 
leases and obtain the fee simple title to such leased lands 
for the sum of the valuation originally made, and it has 
become impossible to comply with the requirements of such 
ancient statute ; the state supervisor may waive such re- 
quirements and accept such surrender, and deeds shall be 
executed as provided for by such general law upon compli- 
ance with those provisions of such general law that can 
reasonably be performed. 

HISTORY.— 107 V. 3-57 (376), § 51. 



Section 3203-30. Whenever such lands contain min- 
erals, and the lessee thereof desires to surrender his orig- 
inal leasehold interest and obtain in lieu thereof a lease 
for the minerals or to purchase the minerals in and under 
such lands, he shall make application therefor to the state 
supervisor, whereupon the state supervisor, attorney-gen- 
eral and governor shall, if they find that the making of 
such surrender and the execution in lieu thereof of a lease 
for such minerals is advantageous both to the state and to 
the trust, determine the value of the original leasehold 
estate which is desired to be so surrendered to the state. 
If, after such determination, the applicant still desires to 
make such surrender and obtain in lieu thereof such lease 
for the minerals, the state supervisor, upon such surrender 
being first made as in other cases herein provided for sur- 
renders of leases, execute a lease to such applicant for 
the minerals agreeably to section 3209-1 of the General 
Code. The value of the surrendered leasehold estate as 
determined as herein provided, shall be taken and allowed 
as a credit upon the reservation of and amounts due the 
state under such mineral lease for rents and royalties. 

HISTORY.-107 V. 3.57 (37fi), § 52. 



When lessee on 
surrender de- 
sires lease or 
purchase of 
minerals. 



96 



SCHOOL AND MINISTERIAL LANDS 



Provisions in 
lease required 
relative to 
damages, when 
state executes 
lease for oil, 
gas, etc. 



Lands to which 
3209^1 applies. 



Section 3203-31. Whenever such lands are sold or 
the fee simple title acquired by surrender of lease and 
sale, and thereafter the state executes a lease for oil, gas, 
iron or other minerals upon such lands, such lease shall 
provide for the payment by the lessee, and such lessee 
shall be bound to pay, to the owner of the fee simple title 
all damages that such owner may suffer by reason of entry 
upon such lands for the purpose of developing, extract- 
ing, piping, storing or removing oil or gas, or prospecting 
for or producing coal, iron, or other minerals, or for sink- 
ing shafts, drifting, depositing waste material, or erecting 
or maintaining buildings or constructions pursuant to the 
terms of such lease. If such owner and the lessee can 
not agree upon such damages, and such owner so elects, 
a board of arbitration shall be selected, one members [mem- 
ber] to be appointed by the state supervisor, one by the 
lessee and one by the owner, which board of arbitration 
shall be governed by the provisions of chapter i, division 
9. title 4 of the General Code, but if such owner so elects, 
he may proceed to recover such damages by action at law 
instead of through the action of such arbitrators ; but this 
provision shall not apply to lands upon which such leases 
for oil, gas, coal, iron or other minerals have been executed 
prior to such sale or surrender and sale. If the state 
or any agency of the state shall enter upon such lands for 
such purposes, the damages to the owner shall be deter- 
mined b}^ a board of arbitrators selected as follows : one 
arbitrator to be selected by the state supervisor, one by the 
owner and one by the two so selected, and the damages 
determined by such arbitrators shall be a legal claim against 
the state and their award shall be final. 

HISTORY.-107 V. 357 (376), § 52-1. 

Section 3203-32. The provisions of section 3209-1, 
G. C., shall extend and apply to all lands appropriated 
by the congress of the United States for the support of 
schools and education. 

HISTORY.— 107 V. 357 (377), § 53. 



ADportionment 
of rents to dis- 
trict, etc. 



Section 3203-33. Whenever such school lands are 
held in trust for the benefit of the inhabitants of a district 
of country other than an original suryeved township or 
fractional township, the auditor of state shall, prior to 
making the annual distribution of the interest upon the com- 
mon school fund, ascertain the sum of the rents paid into 
the state treasury on account of rents earned in each such 
district of country, and shall make apportionment thereof to 
each county any part of which lays within such district 
of country, in the proportion which the number of youth 
of school age residing within such district of country cred- 
ited to such county by the report made pursuant to sec- 
tion 7799-1, of the General Code, bears to the whole num- 
ber of youth of school age residing within the entire 
district of countrv, and in each February settlement sheet 



SCHOOL AND MINISTERIAL LANDS 97 

he shall enter the amount of money payable to the county 
treasurer upon such apportionment, designating the source 
thereof and the section of the General Code pursuant to 
which distribution thereof will be made in such county. 
The county treasurer in each February settlement with the 
auditor of state, shall retain in the county treasury from 
the taxes collected by him the amount of the funds so 
credited as payable to him at that time. Or if such 
amount for any county exceeds the amount of state taxes 
collected therein the auditor of state shall draw his war- 
rant in favor of the treasurer of such county for the bal- 
ance of such sum so apportioned, and transmit it to such 
county treasurer, and the treasurer of state shall pay such 
warrant upon its presentation to him. 

HISTORY.— 107 V. 357 (377), § M. 

Section 3203-34. Whenever such school or minis- E^try of 
terial lands are held in trust for the benefit of the in- amount payable 

< 1 . - . . ^ , . - . - to each county. 

habitants of an original surveyed township or fractional 
township, and there is money in the hands of the state 
treasurer arising from the rents of such lands, the auditor 
of state shall, prior to making the annual distribution of the 
interest upon the common school fund, ascertain the sum 
of the rents earned respectively by the school and minis- 
terial lands of each township or fractional township and 
paid into the state treasury, and he shall in each February 
settlement sheet enter the amount payable to the county 
treasurer of such county for the use of each original sur- 
veyed township in such county, designating the source 
thereof, the original surveyed township for whose use it is 
paid and the proportions thereof that are for the benefit 
of the common schools or for the purposes of religion, 
and the section of the General Code, pursuant to which 
distribution thereof will be made in such county. The 
county treasurer in each February settlement with the 
auditor of state, shall retain in the county treasury from 
the taxes collected by him the amount of the funds so 
credited as payable to him at that time. Or, if such 
amount for any county exceeds the amount of state taxes 
collected therein, the auditor of state shall draw his war- 
rant in favor of the treasurer of such county for the bal- 
ance of such sum and transmit to such county treasurer 
such excess, and the treasurer of state shall pay such war- 
rant upon presentment to him. 

history.— 107 V. 357 (377), § 55. 

Section 3203-35. Money received by the county Apportionment 
treasurer under sections 3203-33 and 3203-34 of the Gen- aidito?."*^ 
eral Code, derived ffom the rents of lands appropriated 
for the use of common schools, shall be apportioned by the 
county auditor at the time he makes the apportionment of 
the interest on the common school fund upon the basis of 
the enumeration of youth of school age in each school 
district or part of a school district lying within the original 
7 s. I.. 



98 



SCHOOL AND MINISTERIAL LANDS 



Annual div- 
idend of min- 
isterial fund. 



Who entitled 
to participate 
in ministerial 
fund; propor- 
tion. 



survey township or other district of county to which such 
money belongs. 

.HISTORY.— 107 V. 357 (378), § 56; ICS v. Pt. I 618 (620). 

Section 3205. Whenever there is money in the hands 
of the county treasurer derived from rents of ministerial 
lands after the payment of just claims and expenses, the 
trustees shall meet at the of^e or residence of the town- 
ship treasurer on the fourth Monday in April each year 
and make a dividend thereof to each religous society as 
hereinafter provided. And upon the order of such trustees 
the county auditor shall issue his warrant upon the county 
treasurer and such treasurer shall pay the same to such re- 
ligious societies. 

HISTORY.— 107 V. 357 (379). 

Section 3206. Each denomination of religious soci- 
eties having members residing in such township shall be 
entitled to participate in such ministerial fund. After 
assuming a name each of them shall appoint an agent 
to receive its proper proportion, who shall produce to the 
trustees a sworn certificate, containing a list of the names 
of the members enrolled in the records of such society re- 
siding in such township, but no person shall be considered 
a member who is under fifteen years of age. At such 
annual meeting the trustees shall distribute such funds to 
the several societies applying by their agents and producing 
such certificates, in proportion to the number of their mem- 
bers residing in such township, without regard to the town- 
ship in which any such society regularly assembles tor 
public worship. 

HISTORY.— R. S. § 1414; 61 v. 74, § 13; 41 v. 62, § 1; S. & S. 916; 
S. & C. 1582; S. & C. 1580. 

Certain leases SECTION 3208. All Icascs of school lauds made by the 

mad?Taiid"^^ trustecs of the Original surveyed townships or by the county 
commissioners of any county, before the first day of June, 
in the year one thousand eight hundred and thirty-one, al- 
though not acknowledged before any officer authorized to 
take the acknowledgmest of deeds or other instruments in 
writing for the conveyance, lease or incumbrance of lands, 
shall, between the lessors and lessees, their grantees, heirs 
and assigns, be held valid to the same extent and for the 
same purposes that they would have been, had they been 
so acknowledged. 

HISTORY.— R. S. § 1416; 80 v. 218; 35 v. 63, § 1; S. & C. 1582. 

Auditor of Section 3209-1. The auditor of state is hereby au- 

state authorized thorizcd to Icasc for oil, gas, coal, or other minerals, any 

to lease unsold ,, . . ,-■ \ i ^- ^ . • 

portions of uusold portious 01 scctioii sixtccu aiid section twenty-nine, 
Ifand'it^e?'^ or Other lands granted in lieu thereof, of the original sur- 
land in lieu yeyed towuships, for the support of schools and religion, 
oil, gas or to any person, persons, partnership or corporation, upon 
other minerals. ^^^^ tcrms and f or such time as will be for the best interest 
of the beneficiaries thereof, but nothing herein shall be 



SCHOOL AND MINTSTRRTAL LANDS 



99 



construed so as to require the auditor to so lease; and the 
auditor of state in such lease is empowered to grant to 
such lessee the right to use so much of the surface of such 
land as may he reasonably necessary to «^arry on the work 
of prospecting for, extracting, piping, storing and remov- 
ing all oil, or gas, or prospecting for and producing coal or 
other minerals, and for sinking shafts, depositing waste 
material and maintaining such buildings and constructions 
as may be reasonably necessary for the mining, handling 
and removal of such co il or other minerals ; provided, how- 
ever, that such lease shall require the lessee to pay all dam- 
age to the holder of the lease holding under a lease from the 
trustees of the original township. 

Should the lessee of the gas, oil, coal, or other minerals, 
be unable to agree with the lessee holding under lease 
from the trustees of the original township, upon the dam- 
ages sustained by the latter by reason of such occupancy 
of the surface, then the determination of the damages shall 
be submitted to the arbitrament or umpirage of a commis- 
sion of three consisting of one person selected by each of 
the lessees, and_one person selected by the attorney general. 
Such commission shall hear evidence, shall have the powers 
given to arbitrators under the provisions of chapter i, 
division 9, title 4, of the General Code, and shall make an 
award in writing, signed by a majority of them. Such 
award shall be filed with the auditor of state and shall be 
binding upon all parties. 

Should the lessee of the oil, gas, coal, or other min- 
erals, fail to pay the damages so awarded, the auditor of 
state shall file a certified copy of the award in the court 
of common pleas of the county in which the lands, or the 
greater part of the lands,, may be located, and proceedings 
thereoq, may be had as provided for awards of arbitrators 
Iny sections 12155, 12156, 12158, of the General Code. 

In the event of any productive oil or gas wells havmg 
been drilled on any of said lands or coal or other minerals 
taken therefrom prior to obtaining a lease therefor, said 
auditor of state is hereby authorized to settle, adjust and 
compromise with the person, persons, firm or corporation, 
drilling such wells or removing other minerals upon such 
terms as may be just and equit«.ble to such persons, and for 
the best interest of the beneficiaries of said lands. Pro- 
vided that before any such lease, settlement, adjustment or 
compromise shall be binding, or in any manner afifect exist- 
ing rights or claims, the same shall be presented to and 
approved by the governor and attorney general, and pro- 
viding further, that all moneys arising from any such lease, 
settlement, adjustment or compromise shall be paid to the 
treasurer of state monthly, to be disposed of in the same 
manner as is provided by law for the proceeds of sale of 
said section. 



When question 
of damages 
submitted to 
arbitration; 
where award 
shall be filed. 



Proceedings on 
failure to pay 
damages 
awarded. 



Settlement for 
minerals taken 
from lands 
prior to lease; 
approval by 
governor and 
attorney 
general. 



lOO 



SCHOOL AND MINISTERIAL LANDS 



Re-entry and 
further pro- 
cedure when 
satisfactory 
settlement can- 
not be secured. 



When facts 
shall be sub- 
mitted to board 
of arbitration. 



Re-entry in 
case of non- 
payment. 



And further provided, that if, in such cases, a satis- 
factory settlement cannot be secured, then upon ten days' 
notice upon the person sought to be dispossessed the auditor 
of state by and with the consent of the attorney general and 
governor is authorized to re-enter upon such lands, to hold 
such oil or gas wells or coal or mineral developments with 
all the appurtenances thereunto belonging, and to either 
lease the same under the provisions of this act, or to operate 
such producing wells, or developments and dispose of the 
proceeds upon the market, and also to pay the net proceeds 
arising therefrom into the state treasury to the credit of 
the irreducible debt of the state, to be held and disbursed 
as other monies derived from sales of school and ministerial 
lands, and he shall also file a detailed statement of all 
receipts and expenditures covering such operation and sale. 

If it should be made to appear to the auditor, attorney 
general and governor that the occupancy of such lands, 
so re-entered, and the making of improvements thereon in 
the development of such gas or oil wells, or coal or other 
minerals, was in good faith, there shall be submitted all the 
facts to a board of arbitration, one member of which shall 
be appointed by the governor, one by the aaditor of state 
and one by the trespasser, and such board of arbitration 
shall determine what just and equitable settlements shall be 
made with such trespasser for such improvements and the 
auditor of state is authorized and directed to make a settle- 
ment with such trespasser in accordance with the finding 
of such arbitration board. 

HISTORY.— 105 V. 6; 104 v. 224. 

In connection with G. C. § 3209-1 as amended in 105 v. 6 the legis- 
lature provided in 105 v. 6 (9) § 4 "All sales or leases of canal, public or 
other state land shall exclude all oil, gas, coal or other minerals on or under 
such lands, and all deeds executed and delivered by the state shall expressly 
reserve to the state all gas, oil, coal or other minerals on or under such 
lands with the right of entry in and upon said premises for the purpose of 
selling or leasing the same, or prosecuting, developing or operating the same 
and this provision shall effect and apply to pending actions." This section 
was amended in 106 v. 245; and the attorney general numbered such amended 
section G. C. § 2a-l. 

Held, that Section 3209-1, General Code, applies to unsold por- 
tions of Sections 16 and 29, or other lands granted in lieu thereof, 
of original surveyed townships under lease. Op. Atty. Gen. (1915) 
p. 538. 

Held, that this section vests the power of leasing unsold por- 
tions of Section 16 Lands in the State Auditor, and that the duty 
of determining the terms and conditions upon which such lease shall 
be made is entrusted to said officer. Op. Atty. Gen. (1919) p. 698. 

Section 3228. If the purchaser of any tract of school 
or ministerial lands fails to make any payment due to the 
state as trustee within thirty days after such payment is 
due and payable, the state supervisor in person or by agent 
shall re-enter upon such lands and the state as such trustee 
shall be restored to its former estate and such purchaser 
shall cease to have or possess any estate or interest therein ; 
provided, however, that such purchaser shall be entitled to 
have restored to him all monies that he may have paid to 
the state as such trustee less interest thereon at the rate of 
six per cent per annum from the day of sale together with 



SCHOOL AND MINISTERIAL LANDS 



lOl 



the costs of the proceedings under which such sale was had, 
and the costs of such re-entry and the state supervisor is 
authorized to issue his voucher for such sum in favor of 
such purchaser, and, upon presentment thereof to the audi- 
tor of state the auditor shall issue his warrant thereon pay- 
able out of monies that shall have been paid into the com- 
mon school fund or ministerial trust fund as the case might 
be on account of such land. 

HISTORY.— 107 V. 357 (381). 

6'ection 3229-1. In proceedings commenced under the Notice of pend- 
provisions of sections 3213, 3221, 3231 and 3237, notice of Sings toYeii 
the pendency thereof shall be given to the auditor of state gJaff^jssJj*^^"^ 
thirty days before any order of court may issue therein, 
and all orders of the court and returns of appraisers under 
sections 3214, 3218, 3219, 3220 and 3222 of the General 
Code shall be certified to the auditor of state ten days prior 
to any action or proceedings thereunder. The auditor of 
state or attorney general may intervene in any such pro- 
ceedings. 

HISTORY.— 105 V. 6 (9). 

Section 3239. The money paid into the state treasury The ministerial 
on account of sales of lands granted by congress for the *^"st ^""^• 
purposes of religion, known as section twenty-nine, and on 
account of the sale of minerals thereon, shall constitute 
the "ministerial trust fund" of the state, of which the audi- 
tor of state shall be the superintendent, and the income 
therefrom shall be used exclusively for religious purposes, 
in the manner designated by law. 

HISTORY.-107 V. 357 (379)." 

Section 3243. When in any sale of school or minis- Error in caicu- 
terial lands any mistake is made in the calculation of the J|*^°J moneT 
amount to be paid or in the computation of interest, either shall be cor- 
inadvertently or designedly by any officer having charge 
thereof, the auditor of the proper county shall examine into 
and correct such mistake. Upon being notified of it, a pur- 
chaser thereof shall immediately pay the sum he is found 
to be in default. The auditor shall institute a suit against 
any purchaser who neglects to pay the amount so found to 
be unpaid, in the court of common pleas of the county in 
which such lands are situated, in his own name, for the 
use of the proper township, and shall prosecute such action 
to final judgment and execution. If the mistake be by ex- 
cess of payment, the auditor shall make the correction by 
paying out of the county treasury the amount overpaid, and 
charge it to the state or township, as the case requires. 

HISTORY.— R. S. § 1440; 69 v. 76, § 4. 

Section 2693. The county treasurer shall remit to Moneys to be 
the treasurer of state, all moneys received for section sixteen forwarded to 

J . '. -^ . state treasurer. 

and section twenty-nme, as soon after they are received as 
practicable, and in no case later than the end of the fiscal 
quarter in which received. He shall immediately forward 
one of the receipts returned therefor to the auditor of state. 

history.— R. S. §1124; 44 v. 120, §2; S. & C. 1592. 



CHAPTER 5 
CLASSIFICATION OF PUBLIC SCHOOL DISTRICTS 



Section 

4679. School districts classified. 

4680. City school districts. 

4681. Village school districts. 

4682. Village with less than five hundred 

thousand valuation not a village 
school district without vote of elec- 
tors. 



^2-1. 



4684. 
4685. 



4687. 



468^1. 



When and how village school district 
may dissolve and join rural school 
district. 

Title passes to rural district Board of 
Education. 

County school district defined. 

Territory must be contiguous. 

Change of classification of school dis- 
trict upon change of character of 
municipality. 

School district in newly created village. 

What village district may become ex- 
empt from supervision of county 
board. 

When a census of the population of 
village district may be taken and 
how. 



Section 

1688-2. \'illage district exempt from county 
supervisi<ni ineligible to certain state 
aid. 

District separated from mainland may 
withdraw from supervision district 
and be under county supervision. 

Disposal of property in such cases. 

Title to property when territory an- 
nexed to city or village. 

Transfer of territory from one school 
district to another. 

Transfer of school district or part 
thereof to contiguous exempted vil- 
lage, city or county school district. 

Transfer of territory in a city or vil- 
lage and constituting exempted vil- 
lage school district to the school dis- 
trict of the municipality in which 
said territory is located. 
4696-2. Notice of hearing. 

4696-3. Probate judge to determine case for or 
against transfer. Equitable division 
of funds in case judgment in favor 
of transfer. 



468«-3. 



4689. 
4690. 



4696-1. 



School 

districts 

classified. 



Section 4679. The school districts of the state shall 
be styled, respectively, city school districts, exempted village 
school districts, village school districts, rural school districts 
and county school districts. 

195, 



1: 84 



184; 93 V. 167; 97 v. 335; 



HISTORY.-R. S. § 38S5; 70 v 
104 V. 133; 109 v. 552. 

The subject matter of schools, including school districts and 
establishing and changing the same, is one of a general nature; 
and all legislation as to them must be general, having a uniform 
operation throughout the state. State ex rel. v. Spellmire, 67 
O. S. 77; Bartlett v. State, 73 O. S. 54. 

Common school districts and boards of education are not cor- 
porations within the meaning of Section 1 of Article XIII of the 
Constitution. 

Under Section 26, Article II, and Section 2, Article VI, of the 
Constitution, laws regulating the organization and management of 
common schools must have a uniform operation throughout the state. 
State V. Powers, 38 O. S. 54. 

Although the actual disbursement of school funds is by statute 
committed to township, city and village boards of education, the 
maintenance of schools is such a lawful public purpose in which 
all the people of the county are interested, that the board of county 
commissioners of a county may take and hold any property devised 
or bequeathed to it for school purposes. Christy v. County Com- 
missioners, 41 O. S. 711. 

A board of education is not liable in its corporate capacity for 
damages for an injury resulting to a pupil while attending a com- 
mon school, from its negligence in the discharge of its official duty 
in the erection and maintenance of a common school building under 
its charge, in the absence of a statute creating a liability. Finch v. 
Board of Education, 80 O. S. 37; Board of Education v. Volk, 72 
O. S. 469. 

The constitutionality of the Act of the Legislature (104 O. L. 
133) of which this and subsequent sections of the General Code 

(102) ' 



CLASSIFICATION OF PUBLIC SCHOOL DISTRICTS 



103 



were a part, was upheld in the case of Cline v. Martin, 94 O. S. 420 ; 
Wogoman v. Board of Education, 95 O. S. 409. 

The sub-district school has now no legal existence in Ohio, 
inasmuch as Section 4679 designates the only authorized school 
districts. Patton v. State, 30 O. C. A. 302. 

See Opinions of Attorney General, No. 2234 (1921), cited 
under Sec. 7691. 

Section 4680. Each city, together with the territory city school 
attached to it for school purposes, and excluding the terri- districts, 
tory ' within its corporate limits detached for school pur- 
poses, shall constitute a city school district. 

history.— R. S. § 3Sg6; 70 v. 195, § 2; 81 v. 71; S4 v. 184; 85 v. 91; 
93 V. 39; 93 v. 165; 9i v. 1?5; 97 v. 335. 



Section 4681. Each village, together with the terri- 
tory attached to it for school purposes, and excluding the 
territory within its corporate liniits detached for school 
purposes, and having in the district thus formed a total tax 
valuation of not less than five hundred thousand dollars, 
shall constitute a village school district. 

HISTORY.— R. S. § 3888; 74 v. 140. § 4; 97- v. 335; 98 v. 217; 103 v. 
545 (546). 

No vote of the electors of a village is necessary to the estab- 
lishment of a school district created by this section. Buckman v. 
State, 81 O. S. 171. 

Under an earlier, and somewhat different, form of a statute 
on this subject it was held that a township school located in a sub- 
district did not pass to the board of education of a village school 
district upon the incorporation of the territory of the township sub- 
district into a village. Board of Education v. Board of Education, 41 
O. S. 680. 

For other decisions construing the earlier forms of statutes 
relating to this subject see: Cist v. State ex rel., 21 O. S. 339; 
Cline V. Martin. 3 App. 446: 21 O. C. C. (N. S.) 404; State ex rel. 
V. Raine, 4 O. C. C. 72 : Eckstein v Board of Education. 10 O. C. C. 
400. 

An incorporated village which forms part of a township 
school district iDccomes ipso facto a village school district upon the 
attainment of the tax duplicate valuation prescribed bv statute. 
Op. Atty. Gen. (1911), p. 537. 

Under the provisions of this section as it read prior to its 
amendment, 103 O. L. 546, it was held that when a village attains 
the required tax duplicate valuation it constitutes a village school 
district, but that when such village attains the required tax duplicate 
valuation it must remain a part of the township school district 
under the jurisdiction of the township board of education until 
the members of the board of education of the village school district 
are elected at a regular election and properly organized. Op. Attv. 
Gen. (1912), p. 1282. 

A village school district once organized as such, and whose tax 
valuation falls below 8500,000, is not by that act alone dissolved and 
the board of education of such district will continue to perform 
the duties thereof. Op. Atty. Gen. (1917), p. 902. 

See Contra Op. Atty. Gen. (1916), p. 1388. 

Where the county board of education, under authority of Sec- 
tion 4736. G. C, has created a new school district out of a village 
school district, containing a tax valuation of not less than ^500.000, 
and a rural school district contiguous thereto, such newly created 
district is a village school district. When a county board of educa- 
tion, under authority of Section 4736, G. C, has created a new 
school district from the territory of two contiguous village school 



Village school 
district. 



104 



CLASSIFICATION OF PUBLIC SCHOOL DISTRICTS 



Village with 
less than five 
hundred thou- 
sand \aluation 
not a village 
district. 



Vote to or- 
ganize village 
school dis- 
trict. 



districts, each with a tax valuation oi $500,000 or more, such newly 
created district is a village district. Op. Atty. Gen. (1919), p. 869. 
See Opinions of Attorney General, No. 2098 (1921), cited 
under Sec. 4692. 

Section 4682. A village, together with the territory 
attached to it for school purposes, and excluding the terri- 
tory within its corporate limits detached for school pur- 
poses, with a tax valuation of less than five hundred thou- 
sand dollars, shall not constitute a village school district, but 
the proposition to organize the territory thus formed into a 
village school district may be submitted by the board of 
education, and shall be submitted by the board of education 
upon the presentation to it of a written petition for such 
purpose signed by 25 per cent, of the electors of the terri- 
tory thus formed, to a vote of the electors of the territory 
thus formed at any general or a special election called for 
that purpose,' and be so determined by a majority vote of 
such electors. 



history.-^r. s. § 

103 V. 545 (546). 



74 V. 140, § 4; 97 V. 835; 98 v. 217; 102 v. 37; 



A village school district once organized as such, and whose 
tax duplicate valuation falls below $500,000, is not by that act alone 
dissolved and the board of education of such district will continue 
to perform the duties thereof. Op. Atty. Gen. (1917), p. 902. 

When and how SECTION 4682- 1. A village school district containing a 

village school population of less than fifteen hundred may vote at a gen- 

diLoive^and cral or Special election to dissolve and join any contiguous 

Sstrict!'^*^ rural district. After approval by the county board such 

proposition shall be submitted to the electors by the village 

board of education on the petition of one-fourth of the 

electors of such village school district or the village board 

may submit the proposition on its own motion and the result 

shall be determined by a majority vote of such electors. 

history— 103 v. 545 (546). 

When a school district is dissolved under the provisions of 
Section 4682-1, G. C., the board of education of such district shall 
continue for the purpose of collecting moneys due said school dis- 
trict for tuition and otherwise and for the purpose of paying the 
debts of the said school district. Op. Atty. Gen. (1917), p. 484. 

Upon the dissolution of a village school district under the 
provisions of this section the title to the school property of said 
district passes to and vests in the board of education of the con- 
tiguous rural school district to which such village school district is 
joined, but only the property within the limits of said village school 
district will be subject to a tax levy for the payment of any in- 
debtedness incurred by the board of education of said village school 
district; and the board of education of said rural school district 
will have no authority in law to assume said indebtedness or to 
levy a tax to provide a fund for the payment thereof either upon 
the property within the limits of said village school district or upon 
the general duplicate of said rural school district. If the levy for 
the payment of said indebtedness has not been made by said board 
of education of said village at the time of dissolution, said village 
school district as a separate taxing district, and its board of educa- 
tion as its taxing authority, must continue for the purpose only of 
levying a tax for the payment of such indebtedness until such time 
as said indebtedness shall have been paid. Op. Atty. Gen. (1915), 
p. 554. Op. Atty. Gen. (1915), p. 1169. 



CLASSIFICATION OF PUBLIC SCHOOL DISTRICTS IO5 

When a township contains sixteen square miles, and a village 
is created out of said township, said village under the provisions of 
Section 4687, G. C, as amended in 104 O. L, 134, becomes a village 
school district separate and distinct from the township rural school 
district and the dissolution of said village school district and the 
union of said district with the contiguous township rural school 
district under the provisions of Section 4682-1, G. C., can be rec- 
ognized only upon the proper action of the board of education of 
said village school district in compliance with the requirements of 
said section. No action on the part of the board of education of 
said rural district in connection with said dissolution and union is 
either authorized or required, and said board of education of said 
rural school district has no power to prevent such dissolution and 
union. After said village school district has been dissolved and 
joined to the contiguous township rural school district, neither said 
village nor the electors thereof have any authority in law to with- 
draw the territory within the corporate limits of said village from 
said township rural school district and re-establish said village 
school district. Op. Atty. Gen. (1915), p. 1160. 

Section 4683. When a village school district is dis- ^j^j^ ^^^^^^ ^^ 
solved, the territory formerly constituting such village dis- rural district 
trict shall become a part of the contiguous rural district cSon. ° ^ "" 
v^hich it votes to join in- accordance with section 4682-1, 
and all school property shall pass to and become vested in 
the board of education of such rural school district. 

HISTORY.— R. S. § 3890; 70 v. 195, § 7; 97 v. 336; 104 v. 133. 

Section 4684. Each county, exclusive of the territory county school 
embraced in any city school district and the territory in any district de- 
village school district exempted from the supervision of 
the county board of education by the provisions of sections 
4688 and 4688-1, and territory detached for school purposes, 
and including the territory attached to it for school pur- 
poses, shall constitute a county school district. In each 
case where any village or rural school district is situated in 
more than one county such district shall become a part of 
the county school district in which the greatest part of the 
territory of such village or rural district is situated. 

HISTORY.— R. S. § 3881; 70 v. 195, § 6; 97 v. 336; 104 v. 133. 

A county school district as defined by Section 4684, General 
Code, is distinct from a county political subdivision of the state, 
and is not necessarily coextensive with the territorial limits of a 
county, but may contain within its limits territory of another county 
and exclude territory in the same county in which the larger part 
of its territory is situated. 

The fact that in some instances the territorial limits of a 
county and a county school district may be the same, does not 
destroy the separate identity of the latter. 

The rnembers of a county board of education of a county 
school district are not county officers within the meaning of Section 
1, Article X of the Constitution of Ohio. Cline v. Martin, 94 O. S. 
420 ; Wogoman v. Board of Education, 95 O. S. 409 ; Cline v. Martin, 
5 App. 90. 

A county board of education has authority to dissolve two 
village school districts and consolidate them into one, in the absence 
of procedure on the part of said districts under Sections 4688 and 
4686, General Code, which would exempt them from such action. 
Fisher v. Whittus, 6 App. 415. 

Held under the provisions of this section, as amended in 104 
O. L. 133, that there is no statutory authority for the transfer of 



io6 



CLASSIFICATION OF PUBLIC SCHOOL DISTRICTS 



Territory must 
be contiguous. 



the territory of an exempted village school district to an adjoining 
rural school district. Op. Atty. Gen. (1917), p. 1300. 

Under the provisions of this section a county school district is 
a political subdivision separate and distinct from the county, and 
bills for office supplies, stationery, etc., furnished to the county 
superintendent of schools should be approved by the county board 
of education and paid out of the county board of education fund 
on warrant of the county auditor. Op. Atty. Gen. (1915), p. 278. 

Section 4685. The territory included within the 
boundaries of a city, village or rural school district shall be 
contiguous except where an island or islands form an in- 
tegral part of the district. 

history.— R. S. § SSS2; 70 v. 195, § 8; 97 v. ;3.36; 104 v. 13.3. 

Where by annexations of territory a rural school district is 
divided into three separate integral parts, the county board of educa- 
tion should transfer such territory so that it is contiguous to other 
territory of the district to which it belongs. Op. Attv. Gen. (1918), 

P- ^-- , . . 

Two pieces of school territory which simply touch at a point 

as the apex of a triangle and the corner of a rectangle do not con- 
stitute contiguous territory as contemplated in sections 4685 and 
4736, G. C. Op. Atty. Gen. (1917), p. 194. 



Change of 
classification 
upon advance- 
ment Or reduc- 
tion. 



ADVANCEMENT AND REDUCTION. 

Section 4686. When a village is advanced to a city, 
the village school district shall thereby become a city school 
district. When a city is reduced to a village, the city 
school district shall thereby become a village school district. 
The members of the board of education in village school 
districts that are advanced to city school districts, and in 
city school districts that are reduced to village school dis- 
tricts shall continue in office until succeeded by the mem- 
bers of the board of education of the new district, who shall 
be elected at the next succeeding annual election for school 
board members. 



history.— R. S. § 



70 V. 195, § .5; 97 v. 



Under the provisions of this section and of Section 4700, 
G. C., it was held that when a village school district by reason of 
the last federal census advances to the status of a city school dis- 
trict the members of the board of education of the old village 
school district shall decide the number of members which shall 
constitute the city board of education : and that the successors of 
the mem.bers of the board of education in such instance shall be 
elected at the next annual election for school board members. 

Held further that a superintendent or teacher who has been 
elected for a legal term of years by said village board of education 
may hold for said term under the board of education of the city 
school district. Op. Atty. Gen. (1911), p. 516. 

It has been held that where a village school district advances 
to the status of a city school district during a current school year 
the county certificates held by the teachers in the schools of such 
school district will be sufficient to carry teachers through said cue- 
rent year, but that for later periods a certificate must be obtained 
from' the regularly appointed citv board of school examiners. Op. 
Atty. Gen. (1911). p. 562. 

Where a village advances to a city by reason of the last fed- 
eral census, the board of education of the village continues its 
duties until the induction into office of the city board of education, 
but with the authority only of a village board of education. Such 



CLASSIFICATION OF PUBLIC SCHOOL DISTRICTS IO7 

village board, therefore, has the power only to aBpoint a superin- 
tendent for a period of three years as provided for villages in 
Section 7705, G. C, and an attempted appointment by such board 
of education of a superintendent for a longer term under the 
assumed authority of Section 7702, G. C., is void. Op. Atty. Gen. 
(1911), p. 563. 

The prosecuting attorney of the county in which the munici- 
pality is located is the legal adviser of the board of education of a 
municipality which has become a city by virtue of the proclamation 
of the Secretary of State, while that municipality is still function- 
ing under the village form of government and has not yet elected 
city officials. Op. Atty. Gen. No. 205-1, May 9, 1921. 

Section 4687. Upon the creation of a village, it shall fj.^J°^'/^^;^i 
thereby become a village school district, as herein provided, created "^'^^ 
and, if the territory of such village previous to its creation ^'"^^c 
was included within the boundaries of a rural school district 
and such rural school district included more territory than 
is included within the village, such territory shall thereby 
be attached to such village school district for school pur- 
poses, provided such territory has an area of less than 16 
square miles. The legal title to school property for school 
purposes in such newly created village school districts shall 
be vested in the board of education of the newly created 
village school district. Provided, however, if there be any 
indebtedness on the school property located within the newly 
created village school district, the board of education of the 
newly created village school district shall assume such in- 
debtedness and shall lexy a tax annually sufficient to pay 
such indebtedness and shall pay to the board of education 
of the district or districts from which it acquired the school 
property, the amount of money collected from such levy as 
it becomes due. 

HISTORY. — R. S. § 3889; 70 v. 195, § 5; 97 v. 336; 98 v. 217; 104 v. 
133; 109 V. 588. 

Upon the incorporation of any part of the territory in a town- 
ship rural school district into a village, the territory so incorporated 
automatically becomes a village school district, providing the val- 
uation of the same for taxation is at least $500,000. In case of such 
incorporation the title to school property held by the board of edu- 
cation of said rural school district in trust for the use and accom- 
modation of the pupils of said rural school district, although 
located within the corporate limits of said village, w^ill remain in 
the board of education of said rural school district. Op. Atty. Gen. 
(1916), p. 629. (Section amended since opinion rendered.) 

When a village school district is created in a rural school 
district,_ which rural school district has less than 16 square miles 
of territory, the territory outside of the village is annexed to such 
village school district for school purposes, and although the terri- 
tory of a newly created village district, together with the territory 
annexed to it for school purposes, may be the same as that which 
was originally a rural school district, yet there is a new district, and 
a new board of education should be elected. 

Held further that in such newly created village school dis- 
trict a special election may. be held for the members of the board 
of education. Op. Atty. Gen. (1917), p. 1898. 

When a newly created village includes within its corporate 
limits a school building which was originally owned by the town- 
ship school district, the title to said property remains vested in the 
township district and may be transferred by a warranty deed at any 
time agreed upon by the several boards of education ; the village 
board of education entering into an agreement to reimburse the 



io8 



CLASSIFICATION OF PUBLIC SCHOOL DISTRICTS 



township school district for the payment of bonds issued for the 
erection of said school building, as a consideration for said transfer. 
Op. Atty. Gen. (1919), p. 1626. (Section amended since opinion 
rendered.) 

yjat ichool Section 4688. The board of education of any village 

distncts may , 1 1 • . • • • • 1 1 1 • 1 1 • ^ P 

become exempt school district Containing a Village which according to the 
sup?rvis^oS!^ last census had a population of three thousand or more, 
may by a majority vote of the full membership thereof de- 
cide to be exempted from the supervision of the county 
board of education. Such village school district by noti- 
fying the county board of education of such decision before 
May first in any year, shall be exempt from the supervision 
of the county board of education for the following school 
year which begins September first thereafter. The village 
once so exempted shall be styled an exempted village school 
district and shall remain so until the board of education 
thereof by a majority vote of the full membership deter- 
mines that it desires to be supervised by the county board 
of education and notifies the county board of education on 
or before May first in any year to that effect. 

history.— R. S. § 3889; 70 v. 195 § 6; 97 v. 336; 98 v. 217; 103 v. 257; 
lOi V. 133; 108 v. Pt. I. 704; 109 v. 552. 

Held that a superintendent of schools of a village school dis- 
trict which is exempted under the provisions of Section 4688, G. C, 
104 O. L. 133, is not eligible to appointment as a member of the 
county board of school examiners. Op. Atty. Gen. (1916), p. 1423. 

See Opinions of Attorney General, No. 2234 (1921), cited 
under Sec. 7691. 



Jf^t?e%1ifag"e^ SECTION 4688-1. The board of education of a village 

district may school district shall, upon the petition of one hundred or 
tSrnf^nokcc,' niorc clcctors of such district, or upon its own motion, duly 
passed by a majority vote of the entire board, order a 
census to be taken of the population of .such district. One 
or more persons may be appointed by the board to take 
such census. Each person so appointed shall take an oath 
or affirmation to take such census accurately. He shall 
make his return under oath to the clerk of the board, and 
certified copies of such return shall be sent to the county 
auditor and superintendent of public instruction. If the 
census shows a population of three thousand or more in 
the village school district, and such census is approved by 
the superintendent of public instruction, such district sliall 
be exempted from the supervision of the county board of 
education after due notice is given as is provided in section 
4688. 

HISTORY.— 104 V. 133 (1^); 108 v. Pt. I 704. The legislature gave 
this section number to § 4688-3 in 107 v. 556, but it was changed by the 
attorney general. 

Village district SECTION 4688-2. All Village school districts which are 

exempt from exempted from the supervision of the county board of edu- 

viS^inSfglbie cation as provided in sections 4688 and 4688-1 are thereby 

t^o^certain state j-g^dered ineligible to receive state aid for purposes of 



CLASSIFICATION OF PUBLIC SCHOOL DISTRICTS 



109 



supervision and teacher training courses and for the grad- 
ing of schools as provided in section 7655-5 of the General 
Code. 

HISTORY.— 104 V. 133 (134). 

Section 4688-3. The board of education of any yil- District sepa- 
lage or rural school district, separated by water from the ^afifian'J^ay 
mainland of the county to which it belongs, may decide by withdraw from 
a majority vote of the full membership thereof not to con- district Tifd be 
tinue as a part of a supervision district of such county, supe/visfon.*^ 
Such district, by notifying the county board of education 
of such action before June ist of any year, shall be exempt 
from any supervision district of the county and shall be a 
separate district under the supervision of the county super- 
intendent. Such district shall continue to be under the 
direct supervision of the county superintendent until the 
board of education of such district by resolution, filed with 
the county board of education, shall petition to become a 
part of a supervision district of the county school district. 
And such village or rural school district shall not be liable 
for any part of the cost and expense due to district super- 
vision, so long as it does not petition to become a part of a 
supervision district. Such district shall employ a superin- 
tendent who shall perform all the duties prescribed by law 
for a district superintendent, but shall teach such parts of 
each day as such board shall require. The salary of such 
superintendent shall be paid by such board. 

HISTORY.— 107 V. 556. The legislature numbered this § 4688-1 in 107 v. 
556, but it was changed by the attorney general to § 4688-3. 



SUCH cases. 



Section 4689. The provisions of law relating to the Disposal of 
power to settle claims, dispose of property or levy and col- fuJg^*^ ^" 
lect taxes to pay existing obligations of a village that has 
surrendered its corporate powers, shall also apply to such 
village school district and the board of education thereof. 

HISTORY.— R. S. § 3889; 70 v. 195, § 5; 97 v. 336; 98 v. 217; 104 v. 133 
(134). 

By reason of the provisions of this section which applies the 
provisions of Section 3514, G. C, to the school districts which have 
been dissolved in the manner provided by law, it is held that where 
a school district is dissolved under the provisions of Section 4682-1, 
G. C, the board of education of such school district retains its iden- 
tity for the purpose of collecting moneys due said dissolved school 
district and for the purpose of paving the debts thereof. Op. Atty. 
Gen. (1917), p. 484. 



Section 4690. When territory is annexed to a city or ^.^^^ ^^ ^^^^ 
village, such territory thereby becomes a part of the city or erty when 
village school district, and the legal title to school property InneS to 
in such territory for school purposes shall be vested in the "*y °^ village, 
board of education of the city or village school district. 
Provided, however, if there be any indebtedness on the 
school property in the territory annexed, the board of edu- 
cation of the city or village school district, shall assume 
such indebtedness and shall levy a tax annually sufficient 
to pay such indebtedness and shall pay to the board of 



no 



CLASSIFICATION OF PUBLIC SCHOOL DISTRICTS 



education of the school district or districts from which such 
territory was detached, the amount of money collected from 
such levy as it becomes due. 

90 V. 126; 91 v. 307; 



HISTORY.— R. S. § 3S93; 70 v. 195, § 40; 89 v 
95 V. 150; 97 v. 336; 99 v. 117; 104 v. 133; 1C9 v. 5«8. 



Transfer of 
part or all of 
one district 
to another; 
procedure. 



Legal title to 
property ; divi- 
sion of school 
funds. 



Section 4692. The county board of education may 
transfer apart or all of a school district of the county school 
district to an adjoining- district or districts of the county 
school district. Such transfer shall not take effect until a 
map is filed with the auditor of the county in which the 
transferred territory is situated, showing the boundaries of 
the territory transferred, and a notice of such proposed 
transfer has been posted in three conspicuous places in the 
district or districts proposed to be transferred, or printed 
in a paper of general circulation in said county, for ten days ; 
nor shall such transfer take effect if a majority of the 
qualified electors residing in the territory to be transferred,' 
shall, within thirty days after the filing of such map, file 
with the county board of education a written remonstrance 
against such proposed transfer. If an entire district be 
transferred the board of education of such district is there- 
by abolished or if a member of the board of education lives 
in a part of a school district transferred the member be- 
comes a non-resident of the school district from' which he 
was transferred and ceases to be a member of such board of 
education. The legal title of the property of the board of 
education shall become vested in the board of education of 
the school district to which such territory is transferred. 
The county board of education is authorized to make an 
equitable division of the school funds of the transferred 
territory either in the treasury or in the course of collection. 
And also an equitable division of the indebtedness of the 
transferred territory. 

history. — R. S. § 3894; 70 v. 195. § 155; 95 v. 54; 97 v. 336; 104 v. 
133 (135); 1G6 v. 396. 

The provision contained in Section 4(jn2, General Code, as 
amended 106 O. L. 397, relating to the transfer of territory bj' 
a board of education, by which it is enacted that the legal title 
shall become vested in the board of education of the school dis- 
trict to which it is transferred, contravenes no constitutional pro- 
vision and is a valid and constitutional enactment. Board of 
Education v. Hoover, 13 App. 346. 

Where territor}^ has been transferred to a village school dis- 
trict b\^ the county board of education, under the provisions of 4692 
G. C., the electors residing in such territory are thereafter residents 
of the village school district and can take no part in a school elec- 
tion held in the rural school district from which they were trans- 
ferred. 

Where territory has been attached to a village school district 
by the county board of education, such territory remains a part of 
such village school district until proper action has been taken by 
the county board of education, taking such territorv from the village 
school district. Op. Atty. Gen. No. 2098, May 24, 1921. 

In a proceeding in which the validity of a transfer of one 
school district to another is questioned, parol evidence is admissible 
to show that proper notices had been posted as provided for in 
Section 4692, General Code. 



(XASSTFTrATrON ()!• ri'RLIC SCHOOL DISTRICTS III 

The transfer of a scliool district under the provisions of Sec- 
tion 4692, General Code, is not imalidated because of the failure 
to make a contemporaneous distribution of the funds and indebted- 
ness of the transferred district. 

The transfer of a village school district to a township central- 
ized school district within three years after the centralization of 
the township district has no decentralizing effect on the schools and 
is not a violation of Section 4727, General Code, prohibiting" cen- 
tralization to be discontinued within three vears. State, ex rel., v. 
Hall. 13 App. 350. 

Where it is desired to transfer certain territory from one 
school district to another school district in the same county school 
district and within the jurisdiction of the same county board of 
education, the provisions of section 4692 G. C. apply. There is no 
provision in section 4692 G. C. for any petition on the part of the 
electors, the only provision in such section being that a remon- 
strance and not a petition can be filed with the county board of 
education. Op. Atty. Gen. Xo. 3015, April 21, 1922. 

The provision of Section 4692, General Code, as amended in 
106 O. L. 397, rendering ineffective the order of a county board of 
education transferring territory from one district to another, upon 
the filing of a remonstrance by a majority of the qualified electors 
residing in the territory to be transferred, has reference only to 
transfers within the county school district and has no application 
to a proceeding to transfer territory of an adjoining county district 
under the provisions of Section 4696, General Code, 106 O. L. 397. 
Board of Education v. DeTray, 95 O. S. 124. 

Held, that this section does not authorize the transfer of un- 
inhabited territory from one school district to another for the pur- 
pose of equalizing tax valuations in such districts. Mathews v. 
Board of Education, 8 App. 206. 

The county board of education has authority to transfer terri- 
tory from a rural to a village school district, and in the absence of 
fraud or gross abuse of discretion, the courts cannot control or 
interfere with the exercise of such discretion. Wogoman v. Board 
of Education, 5 App. 380. 95 O. S. 409. 

For history of legislation as to the transfer of school dis- 
tricts or of the territory forming parts thereof, see State v. Board 
of Education, 19 N. P. (N. S.) 88. 

For decisions construing former statutes relating to this sub- 
ject, see: Scott v. McCullough, 72 O. S. 538; Board of Education 
V. Board of Education, 46 O. S. 595. 

Where a village school district is transferred to an adjacent 
township rural school district under the authority of this section of 
the General Code, an agreement between the county board of edu- 
cation and the board of education of the village school district that 
the taxable property of the township rural school district shall be 
exempt from payment of taxes to pay the existing and outstanding 
indebtedness of said village school district so transferred, is with- 
out authority of law; and tax levies for the payment of the indebt- 
edness of said village school district should be extended on' all the 
taxable property of said township rural school district as enlarged 
by said transfer. Ewing v. Schopf, 11 App. 379, 30 O. C. A. 63. 

Where an entire school district is transferred to an adjoining 
school district, the bonded indebtedness of the district transferred 
becomes the debt of the whole district as it exists after the trans- 
fer is made; and the board of education of the district as it exists 
after the transfer is made must provide for all indebtedness by 
making tax levies upon all taxable real and personal property in 
the district as it exists after the transfer is made. 

Should the district transferred be the owner and holder of 
any school property at the time the transfer is made, the property 
so held passes to the district as it exists after the transfer is made. 
Op. Atty. Gen. (1917), p. 859. 

Sections 4692 and 4736, G. C, provide for two separate and 
distinct matters, one for the transfer of territory, the other for the 
arranging of school districts. The provisions of this section are 



112 CLASSIFICATION OF PUBLIC SCHOOL DISTRICTS 

separate and distinct and the provisions of neither are in any way 
modified or controlled by those of the other. Op. Atty. Gen. (1917), 
p. 1104. 

No particular form is provided by the school laws for the 
division of funds in process of collection when territory is trans- 
ferred from one school district to another, and an order from the 
county board of education which instructs the county auditor to pay 
over to the transferred district all school moneys derived for school 
purposes from said territory on semi-annual distribution is suffi- 
cient. Op. Atty. Gen. (1918), p. 1247. 

The filing of a petition with the county board of education 
signed by 75 per cent, of the electors in territory which it is de- 
sired to have transferred from one rural school district to another 
in the same county school district, is not authorized by Section 
4692, G. C., under which section transfers in the same county school 
district are to be made. Op. Atty. Gen. (1919), p. 396. 

Under Section 4692, G. C., where a county board of education 
transfers territory from one school district to another, and a 
map has been properly filed with the auditor of the county, that 
official is required by law to transfer the territory for taxing pur- 
poses at the time of such transfer regardless of any listing day. 
Op. Atty. Gen. (1919), p. 795. ^ 

A countv board of education has a legal right under Section 
4692, G. C., to transfer all of a school district, or part of it, to an 
adjoining village or rural school district, and a remonstrance filed 
later than 30 days after the filing of the map with the county 
auditor, fails. 

Under Section 4692, G. C., the county board of education, by 
its discretion, can make a transfer of territory from one school 
district to another at any time it decides it is necessary, but new 
school districts are created under Section 4786, G. C., and not 
under Section 4692. Op. Atty. Gen. (1919), p. 1119. 

Under Section 4727, G. C., as amended in 108 O. L., Part I, 
235, a county board of education may under the authority of Sec- 
tion 4692, G. C, transfer territory to or from a centralized school 
district upon the petition of two-thirds of the qualified electors of 
the territory to be transferred, but the provisions of said Section 
4727, G. C., as amended are not mandatory in this respect and the 
county board of education is not required to transfer territory from 
one school district to another in such county school district, al- 
though a petition therefor is filed. Op. Atty. Gen. (1919), p. 1195. 

If the electors of a school district vote in favor of a bond 
issue under authority of Section 7625, G. C., and for the purposes 
therein mentioned, and thereafter the county board of education 
transfers a part or all of another school district to such district, 
upon said transfer being effected, said territory thus transferred 
will become a part of said school district for all school purposes 
and will therefore be liable for its share of the bonded indebtedness 
so created. Op. Atty. Gen. (1915), p. 2456. 

In transferring territory from one school district to another 
within the county school district under authority of Section 4692, 
G. C., as amended in 106 O. L. 397, it is the duty of the county 
board of education at the time of making said transfer to. make 
an equitable division of the indebtedness of the school district from 
which said territory is transferred; and that part of said indebted- 
ness which said board, in the exercise of its discretion determines 
shall be assumed by the school district to which said territory is 
transferred, will become an indebtedness of the entire district thus 
formed, and not merely an indebtedness of the territory transferred. 

In case the school district to which said territory is transferred 
votes in favor of a bond issue under authority of Section 7625, G. C., 
for purposes therein mentioned, and territory is thereafter trans- 
ferred by the county board of education to said school district, 
said territory so transferred will be liable for its share of the 
bonded indebtedness created. Op. Atty. Gen. (1915), p. 1970. 

Where territory is transferred by the county board of educa- 
tion, pursuant to Section 4692, G. C., 106 O. L. 397, the ten days' 



CLASSIFICATION OF PUBLIC SCHOOL DISTRICTS II3 

notice therein required is jurisdictional and the same must there- 
fore be given as required. 

Where transfer of territory is made by the county board of 
education, pursuant to Section 4692, G, C, and the indebtedness of 
the territory is divided by the board of education as therein 
authorized, it then becomes the duty of the board of education of 
the district to v^rhich such territory is transferred to levy taxes 
to pay the indebtedness so apportioned to it. Op. Atty, Gen. (1916), 
p. 1005. 

The filing with the board of education of a county school 
district of the remonstrance provided for in Section 4692, G. C., 
three days before the filing of the map with the county auditor, as 
herein provided, showing the boundaries of the territory proposed 
to be transferred by said county board of education, is a sufficient 
compliance with the provisions of said statute relating to the filing 
of said remonstrance. 

Any one of the electors who resides in the territory proposed 
to be transferred, and who has signed said remonstrance has the 
right to withdraw his name from said remonstrance at any time 
before the expiration of the thirty day period provided for in said 
section. Op. Atty. Gen. (1916), p. 582. 

An issue of bonds by the board of education of a school dis- 
trict does not become an indebtedness of said district within the 
meaning of the latter part of Section 4692, G. C, until said bonds 
are actually sold and in the process of delivery. Op. Atty. Gen. 
(1916), p. 847. 

Title to school property situated in transferred territory vests 
in the board of education to which such territory is transferred, 
upon the completion of such transfer. Op. Atty. Gen. (1920), p. 67. 

Under the provisions of G. C. Sec. 4692, warranty deeds for 
real estate used for school purposes and belonging to the board of 
education from which territory was transferred, need not be given 
to the board of education accepting such territory or school prop- 
erty, as title to real estate automatically passes upon completion of 
the transfer. Op. Atty. Gen. (1920), p. 67. 

Transferred property may be sold by the board of education 
of the school district to which such territory was transferred, 
but such real or personal property to be sold must be offered in the 
manner provided in G. C. Sec. 4756. Op. Atty. Gen. (1920), p. 67. 

The provision contained in Section 4692, General Code, as 
amended 106 O. L. 397, relating to the transfer of territory by a 
board of education, by which it is enacted that the legal title to 
school property transferred shall become vested in the board of 
education of the school district to which it is transferred, contra- 
venes no constitutional provision and is a valid and constitutional 
enactment. Board of Education v. Hoover, 13 App. 346. 

In a proceeding in which the validity of a transfer of one 
school district to another is questioned, parol evidence is admissible 
to show that proper notices had been posted as provided for in Sec- 
tion 4692, General Code. 

The transfer of a school district under the provisions of Sec- 
tion 4692, General Code, is not invalidated because of the failure 
to make a contemporaneous distribution of the funds and indebted- 
ness of the transferred district. 

The transfer of a village school district to a township cen- 
tralized school district within three years after the centralization of 
the township district has no decentralizing effect on the school and 
is not a, violation of Section 4727, General Code, prohibiting cen- 
tralization to be discontinued within three years. State ex rel. v. 
Hall, 13 App. 350. 

The authority of a board of education of a county school 
district to transfer territory from one local district to another 
within such county school district is under provision of Section 
4692, G. C, as amended in 106 O. L. 397, while the transfer of 
territory from one county school district to another is provided for 
in Section 4696, G. C, as amended in 106 O. L. 397. Op. Atty. Gen. 
(1916), p. 399. 

Where a county board of education, acting under the pro- 

8 s. L. 



1 r4 CLASSIFICATION OF Pri'.LlC SCHOOL DISTRICTS 

visions of Section 4692, G. C, abolishes a village school district by 
transferring- the same to another village school district, bonded or 
other indebtedness of such abolished school district becomes a 
charge upon the school district to which it is transferred, and may 
be paid by a levy of taxes on all the taxable property of the latter 
district as enlarged by the transfer. 

The equitable division of the school funds and of the indebted- 
ness which the county board of education under Section 4692, G. C.. 
is authorized to make in the transfer of territory from one school 
district to another is not a matter jurisdictional to the power of the 
county board of education to make such transfer of territory; and 
. such equitable division of funds and indebtedness may be made at a 
meeting later than the one at which the transfer is made. 

There is no right of appeal from an order of the county board 
of education making such division of school funds and indebted- 
ness, but such order may be reviewed by original action in the 
court of common pleas on the petition of the board of education 
of either school district affected by such order, if the county board 
of education has been guilty of fraud or gross and intentional 
abuse of discretion in making such order. Op. Atty. Gen. (1917), 
p. 359. 
Transfer of Sfxtion 4696. A couiity board of education may, 

Tchooi"^ ffistrkt upon petition of a majority of the electors residing in the 
to another. territory to be transferred, transfer a part or all of a school 
district of the county school district to an exempted village, 
city or county school district, the territory of which is con- 
tiguous thereto. Upon petition of seventyTfive per cent of 
the electors in the territory proposed to be transferred the 
county board of education shall make such transfer. A 
county board of education may accept a transfer of territory 
from any such school district and annex same to a con- 
tiguous school district of the county school district. 
Procedure; In any casc before such a transfer shall be complete 

v^ision^f" ^' fi) a resolution shall be passed by a majority vote of the 
imFebtedntss. ^^^"^^ membership of the board of education of the city, ex- 
empted village or county school district making or accept- 
ing the transfer as the case may be, (2) an equitable divi- 
sion of the funds and indebtedness between the districts 
involved shall be made by the county board of education, 
which in the case of territory transferred to a county school 
district shall mean the board of education of the county 
school district to which such territory is transferred, and 
(3) a map shall be filed with the county auditor of each 
county affected by the transfer. When such transfer is 
complete the legal title of the school property shall become 
vested in the board of education of the school district to 
which such territory is transferred. 

history.— R. S. § 3896; 70 v. 19.5. § 157; 97 v. 337; 104 v. 133; 106 v. 396; 
108 V. Pt. I. 704; 109 v. 65. 

Where the respective county boards of education are unable to 
agree with respect to the division of funds for indebtedness in the 
case of a transfer of territory from one county school district to 
another, the court has no authoritv to act in the premises. Board of 
Education v. Board of Education.' 19 N. P. (N. _S.) 398. 

Held, that the ri-^ht of remonstrance provided for in Section 
4092, General Code (106 O. L. 397), has no' application to proceed- 
ings by the county board of education for the transfer of territory 
from one countv school district to another under the provisions of 
Section 4696. General Code, (106 O. L. 397). Board of Education 
V. DeTray, 95 O. S. 124. 

Held that Section 4696, G. C, 106 O. L. 397, does not authorize 
a county board of education to transfer territory to a village 



CLASSIFICATION OF PUBLIC SCHOOL DISTRICTS 



115 



school district other than an exempted village school district. Op. 
Atty. Gen. (1916), p. 1005. 

The legal title to school property located in territory trans- 
ferred by a county board of education to an adjoining exempted 
village school district or city school district, or to a school district 
in another county school district, becomes vested in the board of 
education of the school district to which such territory is transferred. 
Op. Atty. Gen. (1919), p. 195. 

Where a school district as a whole is transferred and added 
to an exempted village school district such territory becomes an in- 
tegral part of such enlarged district, and then and thereafter taxes 
in such enlarged district must be spread uniformly over the whole 
of such enlarged district, and the board of education of such en- 
larged exempted village district takes the funds and assumes the 
indebtedness of the transferred district existing at the time of the 
transfer. Op. Atty. Gen. (1919). p. 753. 

A county board of education is a creature of statute, and the 
exercise of the powers granted to it is limited to those expressly 
given and those contained by reasonable intendment in the act cre- 
ating it. 

A county board of education is not authorized to transfer 
vacant property, its power in this respect being limited to inhabited 
property. Mathews v. Board of Education. 8 App. 206. 

Where it is desired to transfer school territory under section 
4696 G. C. and such school territory is taken from more than one 
school district, a petition (required for "a mandatory transfer of 
such school territory) should be presented from each school district 
and must contain at least seventy-five per cent, of the electors in 
each school district residing in the territory proposed to be trans- 
ferred. Op. Atty. Gen. No. 2917. Mar. 9, 1922. 

Under the provisions of section 4696 G. C., for a county board 
of education to accept a transfer of territory from an exempted 
village school district, such transfer must be petitioned for by a 
majority of the electors residing in the territory to be transferred, 
and a resolution of the board of education of the exemted village 
district concerned, offering to yield such territory, is not sufficient 
basis for the county board of education's acceptance. 

Under the provisions of section 4696 G. C., in order to make 
it obligatory for the county board of education to accept a transfer 
of school territory from an exempted village school district or a 
city school district, or another county school district, the petition 
presented from the shool territory to be transferred must contain 
the signatures of seventv-tive percent of the electors residing in 
such school territory. Op. Atty. Gen. No. 2432, Sept. 21, 1921. 

A village school district that is situated in two different coun- 
ties, and which is a part of the county school district in which the 
greater part of the territory comprising the village district is 
situated, may be transferred from the county school district, of 
which it is a part, to an adjoining county school district, under the 
provisions of section 4696 G. C. Op. Attv. Gen. No. 3234, June 
17, 1922. 



Section 4696-1. When territory located within the Transfer of 
corporate limits of a city or of a village wherein has been l°^^^°^^{^i^^ 
constituted an exempted village school district, is attached village district 
for school purposes to a school district of an adjacent p?o?edm-e!^' 
city or exempted village school district, such territory or 
any part thereof may be transferred to the school district 
of the mimicipality in which said territory is located as 
follows : a petition requesting such transfer, signed by at 
least fifty per cent, of the qualified electors residing in the 
territory sought to be transferred, and accompanied by a 
correct map of said territory, shall be filed with the clerks 
of the boards of education interested. Each board may, by 
resolution, consent to such transfer. The passage of such 



Il6 CLASSIFICATION OF PUBLIC SCHOOL DISTRICTS 

resolution shall require a majority vote of the full member- 
ship of the board by aye and nay vote, and record thereof 
shall be duly entered on the record of such boards of edu- 
cation respectively; provided, however, that such transfer 
shall not take effect until a map showing the boundaries 
of the territory transferred is placed upon the records of 
such boards, and copies of said resolutions, certified by the 
respective presidents and clerks of each board, together with 
a copy of said map are filed with the auditor of the county 
in which said transferred territory is situated; and pro- 
vided further that such transfer shall not take effect until 
an equitable division of the funds on hand and in the 
process of collection, and the indebtedness if any of the 
boards of education of the school district from which said 
territory is being detached, be decided upon and made by 
the boards of education interested. If such boards of edu- 
cation fail or refuse to transfer such territory by mutual 
consent, and fail to make said equitable division of said 
funds and indebtedness as hereinbefore provided within 
sixty days from the filing of said petitions and map, said 
petitioners shall file a copy of said petition and map in the 
probate court of the county in which the territory is situ- 
ated. The petitioners shall give satisfactory security for 
costs in the sum of $100.00, conditioned that they shall 
pay all costs in the event the transfer is not granted. 

HISTORY.— 109 V. 175. 

Notice and SECTION 4696-2. Thereupon the probate judge shall 

hearing. f^x a day for the hearing of the petition and cause to be 

published for four consecutive weeks in two newspapers 
of opposite politics printed and of general circulation in the 
county, a notice of the filing of the petition and of the 
time of the hearing. He shall also notify the clerks of the 
boards of education interested, of the filing of the petition 
and the time of hearing. 

HISTORY.-109 V. 176. 

Judgment Section 4696-3. The probate judge shall hear and 

of^funds^*°° determine the case and give judgment for or against siich 
transfer, and his judgment shall be final. In case the find- 
ing is against the transfer, judgment shall be rendered 
against the petitioners for the costs of the proceedings. If 
the finding is for the transfer, judgment shall be rendered 
against each of the boards of education interested for one- 
half of the costs, or if more than two boards are interested, 
judgment shall be rendered against each for its equal pro- 
portionate share of the costs. If the finding is for the 
transfer, the probate judge shall determine and order an 
equitable division of the funds on hand and in the process 
of collection and the indebtedness, if any, of the board of 
education of the school district from which said territory is 
being detached. A certified copy of the findings of the 
court, together with a copy of the map of the territory 
transferred shall be filed by the probate judge in the office 
of the county auditor. 

H1STORY.-109 V. 176. 



} 



CHAPTER 6 ■ 
CITY SCHOOL DISTRICT 



Section 

4698. Board of education in districts of less 

than 50,000 population; in districts of 
more than 50,000 and less than 150,000; 
in districts of more than 150,000 popu- 
lation. 

4699. Boards to conform to the law within 30 

days; districts having population of 
more than 50,C0O but less than 150,000 
to be subdivided for purpose of elec- 
tion of board members. 
47C1. Provision with respect to election in 1921 
to conform to last federal census; when 
excess members to be retired by lot. 



Section 

4702. Terms of members of board; provision 

as to time of election. 

4703. Electors in territory attached for school 

purposes entitled to vote. 

4704. Submission to electors of question of 

number of members of board; appoint- 
ment of commission to frame plan of 
organization for submission. 
4706. When and how plans shall be submitted 
and for what they shall provide. 

4706. Expense of election on submission of 

question. 

4707. Adoption of by majority vote; expira- 

tion of terms. 



Section 4698. In city school districts containing ac- Board in dis- 
cording to the last federal census a population of less than ^J^^ts i^s than 
50,000 persons, the board of education shall consist of not tion. 
less than three members nor more than five members elected 
at large by the quaHfied electors of such district. 

In city school districts containing according to the last in districts 
federal census a population of 50,000 persons or more, but S°(JJ> anJ* jess 
less than 150,000 persons, the board of education shall con- t^*" 150,000. 
sist of not less than two members nor more than seven 
members elected at large or not less than two members nor 
more than seven members elected at large and not more 
than two members elected from subdistricts by the quali- 
fied electors of their respective subdistricts. The office of 
subdistrict member in boards of education in all such city 
school districts having more than two subdistrict members 
is hereby abolished and the terms of members elected from 
such subdistricts shall terminate on the day preceding the 
first Monday in January, 1920. 

In city school districts containing according to the last in districts 
federal census a population of 150,000 persons or more, the So,wo.*^^" 
board of education shall consist of not less than five nor 
more than seven members elected at large by the qualified 
electors of such district; the office of subdistrict member in 
boards of education in all such city school districts is hereby 
abolished and the terms of members elected from subdis- 
tricts shall terminate on the day preceding the first Monday 
in January, 1920. 

HISTORY.— R. S. § 3897; 70 v. 195, §§ 9, 10; 77 v. 80; 82 v. 7; 84 v. 184; 
91 V. 289; 92 v. 149; 97 v. 338; 103 v. 275; 108 v. Pt. I 192. 

The Jung small school board act as found in Sections 4698 
to 4707, General Code, inclusive, is a valid exercise of legislative 
power agreeable to the constitution of Ohio. State ex rel. v. Evans, 
90 O. S., 243. 

For a construction and application of this and subsequent sec- 
tions of the General Code relating to city school districts, in case 
of a disputed election of members of a citv board of education, see 
State ex rel. v. Strawburg, 96 O. S. 576. 

(117) 



ii8 



CITY SCHOOL DISTRICTS 



In passing from one class or kind of city school district to a 
different one, when, after the official announcement of the census 
of the district, it becomes known that a change of status of the 
district has been produced by a change in population, city boards of 
education must conform to and apply the law found in G. C. Sees. 
4698, 4699, 4701 and 4702. Op. Atty. Gen. (1920), p. 879. 

A city board of education consisting of seven members elected 
at large, in pursuance to the provisions of sections 4698 et seq., 
G. C., as amended in 1919, constitutes a legal board for a city 
school district, the population of which is more than fifty thou- 
sand and less than one hundred and fifty thousand. Such a board 
also conforms to the provisions of said sections relative to a 
board required for a city school district containing a population 
of more than one hundred fifty thousand. In the event that the 
district containing the lesser population passes the one hundred 
fifty thousand mark in population, this fact will not change the 
status of such a board, and members so elected will have a legal 
tenure of office, notwithstanding the change in population. Op. 
Atty. Gen., No. 1868, Feb. 21. 1921. 



Boards must 
conform to the 
law within 30 
days; resolu- 
tion. 



Division into 

subdistricts; 

numbering. 



Section 4699. Within thirty days after this act shall 
take effect, the board of education of each and every city 
school district in which the number of members does not 
conform to the provisions of section 4698 shall by resolu- 
tion determine within the limits prescribed by said sections 
the number of members of said board of education. Said 
resolution shall provide for the classification of the terms 
of members so that they will conform to the provisions of 
section 4702, General Code, taking into consideration the 
terms of office of the existing members whose terms do not 
expire or terminate on the day preceding the first Monday 
in January, 1920. 

At the same time such boards of education in city 
school districts containing according to the federal census a 
population of 50,000 persons or over, but less than 150,000 
persons, and electing to have subdistricts, shall subdivide 
such city school district into subdivisions equal in number 
to the number of members of the board of education in the 
district, who are to be elected from subdistricts therein so 
established. Such subdistricts shall be bounded, as far as 
practicable, by corporation lines, streets, alleys, avenues, 
public grounds, canals, watercourses, ward boundaries, vot- 
ing precinct boundaries, or present school district boun- 
daries, and shall be as nearly equal in population as possible 
and be composed of adjacent and as compact territory as 
practicable. Such subdivision shall be numbered from one 
up consecutively and the lines thereof so fixed shall not 
be changed until after each succeeding federal census. 
Within three months after the official announcement of the 
result of each succeeding federal census, the board of edu- 
cation of each city school district which according to such 
census shall have a population of 50,000 persons or over 
and less than 150,000 persons, and shall elect to have sub- 
districts, shall redistrict such district into subdistricts in ac- 
cordance with the provisions of this chapter. If the board 
of education of any such district fails to district or re- 
district such city school district, as herein required then 



CITY SCIIOOI. DISTRICTS 1 I9 

the state superintendent of public instruction shall forth- 
with district or redistrict such city school district, subject 
to the requirements of this chapter. 

HISTORY.— R. S. § 3^i'7: 7n v. U)5, §§ 9, 10; 77 v. 80; 82 v. 7; 84 v. 184; • 
91 V. 2S9; 92 v. 149; 97 v. 33s: lit?, x. 27.-); 108 v. Pt. I 19'2 (193). 

Section 4701. Whenever the number of members of Election provi- ■ 
the board of education of a city school district is so fixed f^J'^^Jj ^^^^^^^^^ 
in the resolution provided for in section 4699, that the 
number of members of said board to be elected in the year 
192 1 in order to comply with the provisions of section 4702, 
exceeds the number of members whose terms expire on the 
day preceding the first Monday in January, 1922, such ex- 
cess number of! members of such school board shall be 
elected at the general school election in the year 1919 for 
such terms of two years necessary to comply with the pro- 
visions of sections 4698 and 4702. 

Whenever the number of members of any such board -^y^gj^ excess 
of education is so fixed as provided in this act, that the of members to 
number of members of said board to be elected in the year lo^t.^^''^^ ^ 

192 1, in order to comply with the provisions of section 4702, 
is less than the number of members whose terms expire or 
terminate on the day preceding the first Monday in January, 

1922, the member or members to retire, so that there will be 
a compliance with sections 4698 and 4702, shall be deter- 
mined by lot from among those whose terms would expire 
on the day preceding the first Monday in January, 1922, 
the terms of office of those on whom the lot falls shall ex- 
pire on the day preceding the first Monday in January, 1920. 

HISTORY.— R. S. § 3?97; 70 v. 195, §§ 9, 10; 77 v. SO; 82 v. 7; 84 v. 184; 
91 V. 289; 92 v. 149; 97 v. 338; 103 v. 275 (276); 108 v. Pt. I 192 (194). 

Section 4702. The term of office of all members of Term, 
boards of education in city school districts, except as pro- 
vided in section 4701, shall be four years. All members 
in office at the time this act takes effect shall serve the un- 
expired portions of the terms for which they were respec- 
tively elected and until their successors are elected and 
qualified, unless their terms shall expire or shall have been 
terminated as provided by sections 4698 and 4701. 

If the number of members of a board of education of 
any city school district to be elected at large as fixed pur- 
suant to section 4699 be even, one-half thereof shall be 
elected in the year preceding, and the remaining half in the 
year following the calendar year divisible by four. If such 
number be odd, one-half of the remainder aft^r diminishing 
the number by one shall be elected in the year preceding, 
and the remaining number shall be elected in the year fol- 
lowing the calendar year divisible by four. All members 
to be elected from odd numbered subdistricts shall be elected 
at one and the same election, and all members from even 
numbered subdistricts shall be elected at the alternate elec- 
tion. 

HISTORY.— R. S. § SS97; 70 v. 195, §§ 9, 10; 77 v. 80; 82 v. 7; 84 v. 184; 
91 V. 289; 92 v. 149; 97 v. 338; ]03 v. 275 (277). 



When .members 
elected. • 



120 CITY SCHOOL DISTRICTS 

^ Where under the Jung act amending the above and following 
sections of the General Code relating to boards of education in 
cities, it was provided that members of existing boards of education 
should hold over until the end of their respective terms, and three 
members in a city school district held until the day preceding the 
first Monday in January, 1916, it was held that their successors 
were properly elected for the term of four years. Held further 
that the provisions of Section 4702, G. C., directing that if the 
number of members of a city board of education be odd, one-half 
of the remainder, after diminishing the number by one shall be 
elected in the year preceding and that the remaining number shall 
be elected in the year following the calendar year divisible by four, 
is not mandatory but is directory only. Op. Atty. Gen. (1917), 
p. 1820. 

Where there is a failure to elect a member of a board of edu- 
cation for the short term under the provisions of the Jung small 
school board law of 1913, no such election can be had for such 
short term thereafter. 

In case there is no election for a member of the board of edu- 
cation, the old member will hold over for the full term of four 
years. 

Where the present members of a board of education, whose 
terms do not expire, are candidates for re-election but do not 
receive sufficient votes to be elected, the fact that they were candi- 
dates can make no difference in the election of those persons who 
were properly elected. Op. Atty. Gen. (1918), p. 39. 

Electors in at- SECTION 4703. When territory is attached to a city 

TnmtdVJvot^. school district for school purposes, the electors residing in 
said attached territory shall be entitled to vote for school 
officers and on all school questions in said district. It shall 
be the duty of the board of education of such city school 
district to assign such territory to the adjoining election pre- 
cinct or precincts of said district and to have a map pre- 
pared showing such assignment, which shall be made a part 
of the records of said board. The electors residing in such 
attached territory shall be entitled to vote in the precincts 
to which they are assigned, but in case no assignment is 
made by the board of education, each elector shall vote in 
the precinct nearest his residence. 

An elector residing in a city but not in the city school 
district of said city shall not be entitled to vote in said city 
school district. 

HISTORY.— R. S. § 3897; 70 v. 195, §§ 9, 10; 77 v. 80; 82 v. 7; 84 v. 184; 
91 V. 289; 92 v. 1-19; 97 v. 338; 103 v. 275 (277). 

Submission of SECTION 4704. If, at any time, a petition signed by ten 

numbe? f^ (^0%) per cent, of the electors in any district shall be filed 
members. with the clerk of the board of education of such district 

asking that the question what shall be the number of mem- 
bers and what [shall be] the organization of the board of 
education of such district be submitted to the electors there- 
of, such board of education shall within thirty days after the 
filing of such petition provide by resolution for submitting 
such question to the electors of such district. Such ques- 
tion shall not be submitted to a referendum vote more than 
once in any period of four years and the percentage of 
electors required to sign such petition shall be based upon 
the total vote cast at the last preceding general school elec- 
tion. 



CITY SCHOOL DISTRICTS 



121 



Said resolution shall require that such question shall be 
submitted at the next regular school election and shall also 
provide for the appointment of a commission to frame two 
or more plans of organization for submission as above pro- 
vided. Said commission shall consist of seven mem- 
bers, three of whom shall be appointed by the president 
of the board of education of such district, two by the mayor 
of the city in which such district is embraced and two by 
the president of the board of sinking fund trustees of such 
city. 

A certified copy of said resolution shall immediately 
after its passage be transmitted to the mayor and president 
of the board of sinking fund trustees of said city and such 
commission shall be appointed and shall organize within 
sixty days after the passage of said resolution. 

HISTORY.— R. S. § 3897; 70 v. 195, §§ 9, 10; 77 v. 80; 82 v. 7; 84 v. 184; 
91 V. 289; 92 v. 149; 97 v. 338; 103 v. 275 (277). 



Commission to 
frame plans of 
organization 
for submis- 
sion. 



Section 4705. Said commission shall prepare and sub- 
mit to the electors at the next general school election, if 
one occur not less than one hundred and twenty days after 
the passage of said resolution, otherwise, at the second 
general school election, two or more plans for the organiza- 
tion of the board of education in such district, but in no 
event shall less than two plans be submitted. Each plan 
shall provide for the number of members, the length of 
term of the members and the organization of the board ; 
one plan so submitted shall provide for a board of the 
same number and of the same organization as the board 
existing in said district at the time of said election. Said 
plans shall be submitted to the electors of said district on 
a separate ballot, bearing no party designation and in such 
form as said commission may determine. A certified copy 
of the resolution determining such form shall be trans- 
mitted by said commission to the proper election authorities 
a sufficient length of time prior to said election to enable 
the ballot therefor to be prepared. 



history.— R. S. § 3897; 70 v. 195, §§ 9, 10; 
91 V. 289; 92 v. 149; 97 v. 338; 103 v. 275 (278). 



V. 80; 82 V. 



84 



18*; 



When and how 
plans^ shall be 
submitted and 
for what they 
shal provide. 



Section 4706. Provision shall be made by the board 
of deputy state supervisors and inspectors of election or 
other board or officer having charge of elections within any 
district for the preparation of the ballots for the holding 
of said election as hereinbefore provided and said election 
shall be conducted in all respects not herein specifically pro- 
vided for, in a manner prescribed by general law for school 
elections. 

The board of education of such district shall make 
such provision as is necessary for meeting the expense of 
said commission, but said commissioners shall receive no 
compensation. 

HISTORY.— R. S. § 3898; 70 v. 195, § 11; 81 v. 72; 84 v. 185; 91 v. 69; 
92 V. 424; 97 v. 340; 103 v. 275 (278). 



Election; ex- 
pense. 



122 CITY SCHOOL DISTRICTS 

Adoption of by SECTION 470/. It" ally plati SO submitted shall receive 

majority vote, a majority of the number of votes cast for all of the plans, 
it shall thereafter become the law governing the number 
of members and the organization of the board of education 
in such district and at the next general school election fol- 
lowing the adoption of such plan all of the members of the 
board of education of such district shall be elected pursuant 
to such plan. 

The terms of all members of the board of education 
of such district who may have been elected prior to the 
adoption of such plan, or who may be elected at the general 
Expiration of school election at which such plan is adopted, shall expire 
terms. q^ the day preceding the first Monday of January following 

the next general school election thereafter. All members 
elected at said general school election following the adoption 
of such plan shall take office on the first Monday of Janu- 
ary next following their election and shall hold office during 
such term or terms as may be provided by such plan 
adopted by the electors of said district, but no terms shall 
be for less than two years. 

HISTORY.— R. S. § 3P0C; 70 v. 195, §§ 10, 11; 97 v. 3il; ICS v. 275 (278). 



CHAPTER 7 
VILLAGE SCHOOL DISTRICTS 



Section 

3514. Rights an( 



liabilities not affected. 



4708. Beard of education in village districts 

and in exempted village school dis- 
tricts; when elected. 

4709. Terms of members. 



Section 
4710 



Election in newly created village; ap- 
pointment of board by county commis- 
sioners on failure to elect. 

Electors residing in territory attached to 
village school district for school pur- 
poses; how assigned for voting pur- 
poses. 



Section 3514. Such surrender of corporate powers Rights and 
shall not affect vested rights or accrued liabilities of such !j'^gJ,\'Jif^ """^ 
village, or the power to settle claims, dispose of property, or 
levy and collect taxes to pay existing obligations, but after 
the presentation of such petition, council shall not create 
any new liability until the result of the election is declared, 
nor thereafter, if such result is in favor of the surrender 
of corporate powers. Due and unpaid taxes may thereafter 
be collected, and all moneys or property remaining after 
such surrender shall belong to the school district embracing 
such village. 

HISTORY. — 96 v. 21, § 4; R. S. Bates, § 153^4. For analogous sec- 
tions, see R. S. §§ 1633 to 1647. 

Section 4708. In exempted village school districts Board of edu- 
and in village school districts, each board of education shall eSSed^nd 
consist of five members elected at large at the same time J'^-J.^p ^'^" 
as municipal officers are elected and in the manner provided 
by law. 

HISTORY.— R. S. § 3908; 75 v. 53; 88 v. 494; 91 v. 121; 97 v. 841; 109 v. 
552. 

In a newly created village school district a special election 
may be held for members of the board of education of such school 
district. 

Although the territory of the newly created village district, 
together with the territory annexed to it for school purposes, may 
be the same as that which was originally a rural school district, 
yet there is a new school district and a new board of education 
should be elected. Op. Atty. Gen. (1917), p. 1898. 

Section 4709. At the first election in such district, a Terms of mem- 
board of education shall be elected, two members to serve bers chosen at 
for two years and three to serve for four years. At the 
proper municipal election held thereafter, their successors 
shall be elected for a term of four years. 

HISTORY.— R. S. § 39C8; 75 v. 53, § 18; 88 v. 491; 91 v. 121; 97 v. 341. 

Where five members of a village board of education were to 
be elected, two members for the term of two years and three for 
the term of four years and the ballots cast did not designate who 
were the candidates for the long and short terms no valid election 
was held, and the present incumbents will hold over until their 
successors are properlv elected and qualified. Op. Atty. Gen. 
(1919), p. 1603. 

(123) 



first election. 



124 VILLAGE SCHOOL DISTRICTS 

Where an attempt was made to elect members of a school 
board at the November election in 1915, but said election was 
invalid, the members of said board whose term would have expired 
on the first Monday of January, 1916. will hold until their suc- 
cessors are duly elected at the November election in 1919, and begin 
their term on the first Monday in January, 1920. Op. Atty. Gen. 
(1917), p. 1676. 

Election in SECTION 47 1 o. In villages hereafter created, a board 

Jfiiagc^'^^^*^^ ^^ education shall be elected as provided in the preceding 
section. When villages hereafter created, or which have 
been heretofore created, fail or have failed to elect a board 
of education as provided in the preceding section, the com- 
missioners of the county to which said district belongs, 
Appointment of shall appoint such board, and the members so appointed 
tkfn1)n^fa1hl?e ^^all scrvc Until their successors are elected and qualified, 
to elect. The successors of the members so appointed, shall be 

elected at the first election for members of the board of 
education held in such district after such appointment ; two 
members to serve for two years and three members for four 
years, and thereafter their successors shall be elected in 
the manner and for the term as provided by section 4709 
of the General Code. The board so appointed by the county 
Organization of Commissioners shall organize on the second Monday after 
board. their appointment. If the members of such board are 

elected at a special election held in such district the members 
so elected shall serve for the term indicated in the preceding 
section, from the first Monday in January after the pre- 
ceding election for members of the board of education and 
the board shall organize on the second Monday after such 
election. 

HISTORY.— R. S. § 3909; 75 v. 53, § 19; 97 v. 341; 103 v. 166. 

Applied as to the authority of county commissioners to appoint 
members of the board of education of a new village school district. 
Cline V. Martin, 94 O. S. 420, 430. 

Prior to the amendment of 97 v. 341 it was held that the 
inhabitants of the village district, and not those of the village as 
such, could vote at the election for members of the board of educa- 
tion; that is, if any territory of the village was attached for school 
purposes the inhabitants of such territory could not vote for the 
members of the board of education : State ex rel. v. Raine, 4 O. C 
C. 72. 

Where, at the first election of the members of the board of 
education, under this section, the office and term thereof are not 
indicated on the ballot, no election is had and the old members of 
the board for such former districts hold over : State ex rel. v. 
Shafer, 18 O. C. C. 525. 

Held that where a newly incorporated village is formed with 
a tax duplicate valuation in the amount prescribed by Section 4681, 
G. C, such village becomes ipso facto a village school district; but 
that when such village fails to elect members of a board of edu- 
cation when the village officers are elected, a special election for 
members of such board of education is not authorized by law; 
and that such members can only be elected at regular elections in 
the odd numbered years. Op. Atty. Gen. (1918), p. 460. 

Where a village school district is created by the incorporation 
of a village, a special election may be held in such newly created 
village school district for the purpose of electing members of a 
board of education. 



VILLAGE SCHOOL DISTRICTS 



1^5 



Although the territory of a newly created village district, to- 
gether with the territory annexed for school purposes,^ may be the 
same as that which was originally a rural school district, yet there 
is a new district and a new board of education should be elected. 
Op. Atty. Gen. (1917), p. 1898. 

Where five members of the village board of education were 
to be elected, two members for the term of two years and three for 
the term of four years, and the ballots cast did not designate who 
were the candidates for the long and short terms, no valid election 
was held, and the present incumbents will hold over until their suc- 
cessors are properly elected and qualified. Op. Atty. Gen. (1919), 
p. 1603. 

Section 471 i. Electors, residing in territory attached Assignment of 
to a village district for school purposes, may vote for school Attached ^tern- 
officers and on all school questions at the proper voting tory for voting 
place in the village to which the territory is attached. If p^''^"^^®- 
the village is divided into precincts, the board of education 
of the village school district shall assign such attached ter- 
ritory to the adjoining precinct or precincts of the village, 
and have a map prepared showing such assignment, which 
map shall be made a part of the records of the board. 
Electors residing in such attached territory may vote in 
the precinct to which they are assigned, but, if no assign- 
ment of territory is made, they shall vote in the precinct 
nearest their residence. An elector residing in the village 
but not in the village school district shall not vote in such 
village school district. 

HISTORY.— R. S. § 3910; 75 v. 53, § 20; 97 v. 



341. 



Electors residing in territory attached to a village school 
district for school purposes by the county board of education, may 
vote for school offices and on all school questions in such village 
school district. Op. Atty. Gen. (1915), p. 527. 

See Opinions of Attorney General, No. 2098 (1921), cited 
under Sec. 4692. 



CHAPTER 8 
RURAL SCHOOL DISTRICTS 



Section 

-1712. Number and term of members of board 
of education in rural school districts. 

4714. Where electors shall vote for officers 

and on submitted questions. 

4715. Compensation of members and how 

same paid. 
4726. Submission of question of centraliza- 
tion of schools. 



Section 

4726-1. Submission of question of centraliza- 
tion in townships having more than 
one school district. 

-1727. When schools centralized, centraliza- 
tion not to be discontinued within 
three years; transfer of territory to 
and from centralized school district. 



tion m rural 
school districts. 



Board of educa- SECTION 4712. Ill rural school districts, the board of 

education shall consist of five members elected at large at 
the same time township officers are elected, and in the man- 
ner provided b}^ law, for a term of four years. 

HISTORY.— R. S. § 3915; 70 v. 195, §§ 26, 29; 70 v. 241, § 44; 89' v. 93; 
93 V. 45; 97 v. 342; 104 v. 133 (133). 

The provisions of Section 4736-1 relating to the successors 
of members of a board of education of a rural school district ap- 
pointed by the commissioners of the county under the authority of 
that section have no application whatever to the election of suc- 
cessors of members of the board of education of a newly created 
rural school district appointed by the county board of education 
under authority of Section 4736, General Code. State ex rel. v. 
Houpt, 98 O. S. 45L 

In the case of a vacancy in the school board filled by appoint- 
ment, Section 10 of the General Code provides that a successor 
shall be elected for the unexpired term at the first general election 
for such office if such vacancy occurs more than thirt}'^ days before 
such election. Such appointee, however, has the same right as an 
elective officer to hold over until his successor is elected and quali- 
fied. 

Where at an election for members of a township board of 
education five positions were to be filled, two for four years and 
three for approximately two years, and there was no designation 
upon the ballots to determine who were the candidates for the 
long term and who were the candidates for the short term, the 
terms were not definitely determined and there was no valid elec- 
tion. Op. Atty. Gen. (1912), p. 1102. 

Where an attempt was made to elect members of a board of 
education of a township rural school district at the November elec- 
tion in 1915, but said election was invalid, the members of said 
board whose term would have expired on the first Monday in Jan- 
uary, 1916, will hold until their successors are duly elected at the 
November election in 1919 and begin their term on the first Monday 
in January, 1920. 

A vacancy does not occur in office where there is an incum- 
bent who is duly authorized to hold over and is legally qualified to 
perform the duties of the office. Op. Atty. Gen. (1917), p. 1676. 

Where a board of education has been appointed for a newly 
created rural school district by a county board of education under 
the provisions of Section 4376, G. C, the successors of the mem- 
bers of such provisional board of education should be elected at 
the first election for members of the board of education held in 
such district after such appointment. Two of such members should 
be elected for the term of two years and three for the term of 
four years. Op. Atty. Gen. (1917), p. 1634. 

(126) 



RURAr. SCHOOL DISTRICTS 



127 



shall vote for 
officers and on 
questions. 



Members of boards of education in rural school districts are 
elected for the term of four years, except at the first election in a 
newly created district, where two members should be elected for 
two years and three for four years. 

Boards of election should designate the number of the mem- 
bers of such board of education to be voted for and if for different 
terms then the length of each term. Op. Atty. Gen. (1917), p. 1948. 

Section 4714. Electors residing in a rural school AVhere electors 
district may vote for school officers and on school questions 
at their regular voting places at all general elections, but 
if a special election is called by the board of education of 
a rural district the board may designate a convenient place 
in such district for the holding of such election and the 
board of deputy state supervisors of elections of the county 
in which such rural district is located shall provide for the 
holding of such special election in like manner as other 
special elections are held. Notice of such election shall be 
had as provided in section 4839. 

HISTORY.— R. S. § .391G: 75 v. SI, § 27; 89 v. 93; 93 v. 45; 97 v. 342; 
104 V. 133 (1:35); 103 v. Pt. I 704 (705). 

Where there has been no assignment of the voters of a rural 
school district by the board of education under Section 4714, G. C 
the electors of the rural school districts should vote for school 
officers and on all school questions in the respective precincts in 
which they reside. Op. Atty. Gen. (1915), p. 196. 

Under the provisions of G. C. Sec. 4714, as amended, where 
school officers or school questions are being voted upon at the 
regular November election, ballots used in such school election 
should be furnished to the electors residing in a rural school dis- 
trict at their regular voting places and where any portion of the 
qualified electors in a rural school district have been denied the 
privilege of casting their ballots in such school election at the reg- 
ular voting places, such school election is invalid. Op. Atty. Gen. 
(1920), p. 452. 

Section 4715. Each member of the board of educa- [Compensation 
tion of rural school districts, except such districts as con- hov^pSdT' 
tain less than sixteen square miles, shall receive as com- 
pensation two dollars for each regular meeting actually 
attended by such member, and members of such boards in 
rural school districts containing less than sixteen square 
miles shall receive one dollar for each meeting, but for not 
more than ten meetings in any year. The compensation 
allowed members of the board shall be paid from the con- 
tingent fund. 

HISTORY.— R. S. § 3920; 7'^ v. 195, § 31: Sfi v. 346; 89 v. 03; 93 v. 46; 
97 V. 342; 99 v. 105; 1C4 v. 133 (135); 108 v. Pt. I 506. 

Inasmuch as Section 4715, G. C., prescribes the compensation 
of the members of boards of education of rural school districts, 
and the manner in which the same shall be paid, it was held that 
no expenses or fees could be paid from the county board of educa- 
tion fund by reason of attendance b}- members of rural boards of 
education at the meetings held under Section 4747-1, G. C. Op. 
Atty. Gen. (1917), p. 254. 

The provisions of Section 20 of Article II of the State Con- 
stitution do not apply to members of rural boards of education and 
they can draw the increased comoensation provided for in Section 
4715, G. C., as amended in lll8 O. L. 506, even though they were 
holding ofiice at the time said amendment became effective, for 



128 RURAL SCHOOL DISTRICTS 

the reason that they did not draw a salary as contemplated in said 
constitutional provision but merely compensation. 

Members of rural boards of education attending regular meet- 
ings of such board of education, if such meetings are held on and 
after August 28, 1919, when said amendment to Section 4715, G. C, 
became effective, are entitled to $2.00 compensation for such at- 
tendance where the school district contains sixteen square miles or 
more,^ and members of boards of education in rural' school districts 
containing less than sixteen square miles are entitled to receive $1.00 
compensation for each meeting attended; but no member of any 
rural board of education shall be paid for more than ten meetings 
during the year 1919, and only regular meetings of the board of 
education can be paid for. Op. Atty. Gen. (1919), p. 1515. 

Question of SECTION 4726. A rural board of education may sub- 

tobVsub^Sed ^^^ ^^^ question of centralization, and, upon the petition 
to vote. of not less than one-fourth of the qualified electors of such 

rural district, or upon the order of the county board of 
education, must submit such question to the vote of the 
qualified electors of such rural district at a general election 
or a special election called for that purpose. If more votes 
are cast in favor of centralization than against it, at such 
election, such rural board of education shall proceed at 
once to the centralization of the schools of the rural dis- 
trict, and, if necessary, purchase a site or sites and erect 
a suitable building or buildings thereon. If, at such elec- 
tion, more votes are cast against the proposition of cen- 
tralization than for it, the question shall not again be sub- 
mitted to the electors of such rural district for a period 
of two years, except upon the petition of at least forty per 
cent, of the electors of such district. 

HISTORY.— R. S. § 3927-2; 94 v. 317, § 2; 95 v. ^9; 97 v. 344; 101 v. 
299; 104 v. 133 (139). 

Centralization of the schools of a township rural school dis- 
trict under this section, and suspension of particular schools therein 
under Section 7730, General Code, distinguished. State ex rel. 
V. Board of Education, 95 O. S. 367. 

Where the electors of a township school district vote against 
the levying of a tax for the purchase of a site and erection of a 
building for a centralized school, the board of education is not 
bound to take any steps whatever toward centralizing the schools 
of the district, although the electors, upon submission of the propo- 
sition, voted in favor of centralization. State ex rel. v. Board of 
Education, 1 O. C. C. (N. S.) 89. 

The question of centralization of schools must be submitted to 
the whole of the rural school district and not to a part of such 
district. 

Centralization is the bringing together of all of the schools 
of a township or rural school district, while consolidation is the 
combining of two or more schools brought about through suspension. 
Questions of centralization of schools are governed by Sections 
4726 and 4726-1 ; the consolidation of schools is accomplished under 
Section 7730, G. C. Op. Atty. Gen. (1919), p. 796. 

A proposition for the centralization of schools under the 
provisions of Section 4726, G. C, and a proposition to issue bonds 
under the authority of Section 7625, G. C., may both be submitted 
to the electors of a rural school district as separate propositions at 
one election. Op. Atty. Gen. (1915), p. 67. 

The provisions of Section 4726, G. C, taken in connection with 
the provisions of Section 4839, G. C, authorize the calling of a 
special election in a rural school district for the purpose of sub- 



RURAL SCHOOL DISTRICTS ,129 

mitting the question of centralization to the vote of the qualified 
electors of said school district. Op. Atty. Gen (1915), p. 338. 

The provisions of Section 47.26, G. C., as amended 104 O. L. 
139, apply only to the schools of the school district, now known as 
rural school district, under the provisions of Section 4735, G. C., as 
amended 104 O. L. 138. Op. Atty. Gen. (1915), p. 487. 

Where the qualified electors of a rural school district vote 
in favor of centralization under the provisions of Section 4726, 
G. C., 104 O. L. 139, the board of education in proceeding to cen- 
tralize the schools of said district, may in the exercise of its sound 
discretion, secure sites at different points in such district and erect 
suitable buildings thereon for the accommodation of its pupils. Op. 
Atty. Gen. (1916), p. 496. 

The centralization of the schools of a rural district by vote of 
the people thereof, resulting in the abandonment for school purposes 
of a lot conveyed to the directors of the school district for the use 
and purpose of a schoolhoiise lot only, with condition of reverter 
in case the lot should cease to be used as a schoolhouse lot, works 
a forfeiture of such lot by the people acting voluntarily under the 
permission of the law. Grouse v. Board of Education. 12 App. 481. 

See Opinions of Attorney General, No. 2098 (1921), cited 
under Sec. 4692. 

Section 4726-1. In townships in which there are one Submission of 
or more school districts, the qualified electors of such school ?en?ra?SaSon. 
districts may vote on the question of centralizing the schools 
of said township districts, or of special school districts 
therein, without interfering with the existing school dis- 
trict organization until the result of the election shall have 
been determined. If at such election in any township a 
majority of all the votes cast shall be in favor of centralizing 
the schools in said township, the probate judge of the county 
shall create a new board of education for the said town- 
ship, without delay, by selecting from the several boards 
of education thus consolidated, five suitable persons, giving 
each former district its fair representation in such selec- 
tion, which such five persons so selected shall constitute 
the board of education for said township until the first 
township election thereafter ; at such first township election 
thereafter the electors of such township shall elect two 
members of the board of education for two years, and 
three members to serve for three years, and at the proper . 
elections thereafter their successors shall be elected for 
four years. If a majority of the electors in said township 
vote against said centralization at the time above designated, 
then the several school districts in said township shall pro- 
ceed as though no election had been held. 

HISTORY.-106 V. 442. 

Under Section 4726-1, G. C., 106 O. L. 442, where provision 
is made that three members of a board of education shall be elected 
for three years, an error is apparent and the phrase therein should 
read "shall elect two members of the board of education for two 
years and three members to serve for four years, and at the proper 
elections thereafter their successors shall be elected for four years." 
Op. Atty. Gen. (1918), p. 186. 

In Si township in which there are seven rural school districts 
the qualified electors of all of such districts may vote on the ques- 
tion of centraHzing the schools of such township. 

It is not permissible under the provisions of Section 4726-1, 
G. C, for a part of the school districts of a township to vote on 

9 s. L. 



130 RURAL SCHOOL DISTRICTS 

the centralization of the schools of such districts and prevent the 
electors of other districts, located in whole or in part within the 
township, from participating in said election. 

A part of the districts of a township may be united as one 
district and then provide for centralization under the provisions of 
Section 4726, G. C. 

The fact that certain territory is located in another civil town- 
ship, but is attached to the territory of the township wherein all the 
school districts desire to vote on the question of centralizing the 
schools of such township, will not prevent the electors residing 
therein from participating in the election upon the question of cen- 
tralizing the schools of such township under Section 4726-1, G. C. 
Op. Atty._ Gen. (1918), p. 476. 

A village school district cannot participate in an election for 
the centralization of the schools of a township under the provi- 
sions of Section 4726-1, G. C. 

Where a township rural school district and a village school 
district desire to combine for their school activities regard should be 
made to the provisions of Section 4735-1, G. C, which provides for 
the dissolution by election of the rural school district and its joining 
to the village school district. Op. Atty. Gen. (1919), p. 842. 

The question of centralization of schools and the issue of 
bonds necessary to the furtherance of the scheme of centralization. 
cannot be submitted at the same time to the qualified electors of 
the school district under Section 4726-1, G. C. 

Where the qualified electors in a township proceed to the 
centralization of schools under Section 4726-1, G. C., such question 
can be submitted at either a general election or special election 
called for that purpose by the respective boards of education con- 
cerned, or upon the order of the county board of education, or upon 
the petition of not less than one-fourth of the qualified * * * 
electors in such township. Op. Atty. Gen. (1919), p. 952. 

Under Section 4726, G. C, all rural boards of education in 
a township must each call an election in their respective districts 
for centralization of the schools of such township, in order that 
such question may be legally voted on in the manner provided in 
Section 4839, G. C. 

Section 4726-1, G. C., must be read in conjunction with Sec- 
tion 4726, G. C, and a county board of education has authority to 
order an election on centralization of schools in a township which 
has one or more rural school districts as its school territory. 

Centralization of schools must be voted by the electors of a 
township and not a part of it, village and city school districts being 
excluded. Op. Atty. Gen. (1919), p. 960. 

Where a rural school district, formerly created as a special 
school district, participated in a school election on the question of 
the centralization of the schools in a township, such rural_ or former 
special school district is bound by the result of^ the majority vote 
by the whole of such township, even if the majority of the votes 
cast in the special school district in question is against the prop- 
osition of centralization. 

A county board of education has authority to order an election 
on centralization of schools in a township which has one or more 
rural school districts under Section 4726, G. C., which must be read 
in conjunction with Section 4726-1, G. C., in order to make the 
latter section effective. Op. Atty. Gen. (1919), p. 1229. 

Submission of SECTION 4727. When the schools of a rural school 

Srl?katfon*' district have been centralized such centralization shall not 
be discontinued within three years, and then only by peti- 
tion and election, as provided in section 4726. If at such 
election more votes are cast against centralization than for 
it, the division into subdistricts as they existed prior to cen- 
tralization shall thereby be re-established. Nothing in this 



RURAL SCHOOL DISTRICTS l3l 

or the foregoing sections, namely, sections 4726 and 4726-1, 
shall prevent a county board of education upon the petition Transfer of ter- 
of two-thirds of the qualified electors of the territory r^'^ry author- 
petitioning for transfer, from transferring territory to or 
from a centralized school district, the same as to or from 
a district not centralized. 

HISTORY.— R. S. § 3927-2; 9i v. 317, § 2; 95 v. 6i9; 97 v. S44; 104 v. 
138 (139); 108 v. Pt. I 235. 

Held, however, that Section 4727, General Code, does not 
prevent changes in boundaries authorized by other sections of the 
General Code which will inure to the best interests of the schools. 
Johann v. Board of Education, 26 O. C. C. (N. S.) 209. 

This opinion has regard to a question arising under Section 
4692, G. C, and not under Section 4696, G. C. Op. Atty. Gen. 
(1919), p. 1195. 

The provision of Section 4727, General Code, as amended 
April 16, 1919 (108 O. L., pt. I, 235), authorizes a county board of 
education, upon the petition of two-thirds of the qualified electors 
of territory included in a centralized school district, to transfer 
such territory to another district. 

Such action may be taken by the board of education upon the 
filing of the required petition, notwithstanding the pendency of pro- 
ceedings to erect a school building in the centralized school district. 
County Board of Education v. Board of Education of Benton Tp. 
104 O. S. (Decided Jan. 10, 1922.) 

Suspension of school for a period of three years in the school 
district in which the school property involved in the instant case is 
located does not constitute abandonment on the ground of nonuser. 
Wheaton v. Fernenbaugh. 8 App. 182. 

A school district is a "centralized school district," within the 
contemplation of the statute regulating the same from the time of 
the election resulting in favor of the proposition of centralization. 

A writ of mandamus will not be issued to compel the transfer 
of funds from a centralized district to another school district, unless 
the transfer of territory, pursuant to which a resolution for a divi- 
sion and the transfer of funds was adopted, was within the authority 
of the county board of education. State, ex rel., v. Board of Educa- 
tion. 104 0. S. (Decided Jan. 10, 1922.) 



CHAPTER 9 
COUNTY SCHOOL DISTRICTS 



Section 

4728. Members of county board of education 
to be chosen by electors of county 
school district. 
4728-1. How members of county board of edu- 
cation nominated; returns of election 
and canvass of vote. 

When members of county board of 
education to be elected and terms of 
said members. 

Oath of office; how vacancy in office 
filled. 

Meetings of county board of education; 
organization and record. 

Regular meetings when and where held. 

Per diem compensation and mileage 
for members of county board of 
education. 

Existing school districts to remain un- 
less changed by county bpard. 

How rural school district dissolved and 
joined to a contiguous rural or vil- 
lage district. 

Title to property in dissolved district 
to vest in district to which it is 
joined. 

Power of county board to create new 
district by joining existing districts 
or parts thereof; appointment of 
board in new district. 

Wlien .board of county commissioners 
may appoint board of education in 
school district. 

Proceedings of board of education 
heretofore appointed by county com- 
missioners validated. 
4737. County board to publish minimum 
courses of study in school districts. 
4739. Election of assistant county superin- 
tendents by county board of educa- 
tion, and terms of such assistants. 



4729. 



4731. 
4732. 



4733. 
4734. 



4735. 
4735-1. 



4735-2. 



4736. 



4736-1. 



4736-2. 



Section 



4740. 



4743. 



4744. 



7706. 



706-1. 



7706-2. 



7706-3. 



7706-4. 
4744-1. 



4744-2. 



4744-3. 



4744-3a. 



4744-4. 
4744r-6. 



5653. 



How village or centralized rural school 
district placed under supervision of 
county school district. 

Compensation of assistant county super- 
intendent, and how paid. 

County superintendent; appointment, 
term, and duties. 

County superintendent and assistants 

to visit schools and assist teachers in 

performance of duties. 
County superintendent to assemble 

teachers for conference on school 

work. 

County superintendent and assist- 
ants to recommend text books for 
adoption. 

County superintendent to hold monthly 
meetings with assistants and with 
Sec. 4740 superintendents on matters 
of school efficiency. 

County superintendents to have super- 
vision over teachers' training courses. 

Salary of county superintendent; how 
paid. 

Teachers to be employed in rural and 
village school districts to be certified 
to county auditor by county board, 
when. 

County auditor to retain out of appor- 
tionments to school districts money 
necessary to pay salaries and ex- 
penses of county and assistant county 
superintendents. 

Printing of programs, examination 
supplies, etc. 

Who eligible as county superintendents. 

Offices of county superintendent to be 
supplied by county commissioners. 

Dog and kennel fund, how distributed. 



County board 
of education; 
supervision of 
county dis- 
tricts by. 



Section 4728. Each county school district shall be 
under the supervision and control of a county board of 
education composed of five members, who shall be electors 
residing in the territory composing the county school dis- 
trict and who may or may not be members of local boards 
of education. The members of such county board in office 
when this act goes into effect shall continue in office until 
their successors are elected and qualified. 

R. S. § 3928; 70 v. 195; 93 v. 283; 97 v. 345. 



713; 



HISTORY.— S. & S 
104 V. 133; 109 v. 242. 

Sections 4728 et seq., General Code, relating to county school 
districts, are constitutional, and confer upon the county board of 
education discretion as to the transfer of territory from a rural to 
a village school district, which discretion is subject to control by the 
courts only upon proof of fraud or gross abuse. Wogoman v. 
County Board of Education, 27 O. C A. 267, 5 App. 380, 95 O. S. 
409; Leatherman v. County Board of Education, 96 O. S. 596. 

See also, Cline v. Martin, 5 App. 90, 94 O. S. 420. 

Held that there is no constitutional provision prohibiting a 
member of the legislature from serving as a member of the 
county board of education. Op. Atty. Gen. (1914), p. 817. 

(132) 



COUNTY SCHOOL DISTRICTS 133 

Held that the board of education of a county school district 
has no authority in law to publish the report of the schools of said 
district for the school year. Op. Atty. Gen. (1915), p. 1001. 

The board of education of a county school district has no 
authority in law to employ counsel other than the prosecuting attor- 
ney of the county. Op. Atty. Gen. (1915), p. 664. 

Section 4728-1. Candidates for members of the Nomination of 
county board of education shall be nominated by petition. peStionrnum- 
Such nomination papers shall be signed by petitioners, rl'^uh-ed-^ie" 
who shall be qualified electors residing in the county tion; certifi- 
school district, not less in number than one per cent. ^^^^^' 
of the electors voting at the last preceding election for 
members of local boards of education in the districts 
within the county school district; provided, however, that 
in no case shall the number of petitioners be fewer than 
twenty-five. The election for members of the county board 
of education shall be conducted in the same manner as are 
elections for other boards of education except as herein 
otherwise provided, and the returns thereof made to the 
board of deputy state supervisors of elections of the county, 
who shall canvas the same and issue a certificate of elections 
to each member so elected. 

HISTORY.— 104 V. 133; 109 v. 242. 

The vice president of a school board acts in the place of the 
president in the absence or inability of the president to act. 

Section 4729. At the regular election of township when and how 
and municipal officers in 1921 the qualified electors of each JJunty^board 
county school district in the state shall elect three members elected; term 
of the county board of education to succeed the three mem- ' • 

bers having the shortest time to serve when this act goes into 
effect and to serve for four years from the third Saturday 
of January, 1922, and every four years thereafter their suc- 
cessors shall be elected in like manner for a term of four , 
years. At the regular election of township and municipal 
officers in 1923 the qualified electors of each county school 
district shall elect two members of the county board of 
education to succeed the two remaining members of the 
board not chosen by popular vote and to serve for four 
years from the third Saturday of January, 1924, and every 
four years thereafter their successors shall be elected in 
like manner to serve for a term of four years. 

HISTORY. — 109 V. 242. 

Section 4731. Each member of the county board of oath of office; 
education shall before entering upon the duties of his office, vat^.i^v. 
take an oath that he will faithfully perform the duties of 
his office. Such oath may be taken before any one author- 
ized by law to administer oaths. If any person so elected 
shall fail to take such oath before the beginning of his 
term, the office to which he was elected shall be considered 
vacant. Any vacancy on the board shall be filled in the 
same manner as is provided in section 4748 of the General 
Code. 

HISTORY.— S. & S. 713; R. S. § 3929; 75 v. 84, § 85; 89 v. 94; 93 v. 283; 
97 V. 346; 104 v. 133 (137); 108 v. Pt. I 704 (706). 



134 



COUNTY SCHOOL DISTRICTS 



Meetings of 
county board; 
organization; 
record. 



When two special meetings of a board of education are called 
for the same purpose, one by the president of the board, the 
other by two members of the board, each in accordance with law, 
both are legal calls and the one to prevail will be that at which 
the board legally disposes of the matter for which the call was 
made. 0pp. Atty Gen., No. 1846, Feb. 7, 1921. 

Section 4732. Each county board of education shall 
meet on the third Saturday of January of each year, and 
shall organize by electing one of its members president and 
another vice-president, both of whom shall serve for one 
year. The county superintendent shall act as secretary of 
the board. The secretary shall keep a full record of the 
proceedings of the board, properly indexed, in a book pro- 
vided for that purpose. Each motion, with the name of 
the person making it and the vote thereon, shall be entered 
on the record. 



HISTORY.— S. & S. 713; R. S. § 3929; 75 v. 84, § 35; 89 v 9i; 
97 V. 346; 104 v. 133 (137); 108 v. Pt. I 704 (706). 



V. 283; 



A record of a county board of education which discloses a 
motion, the name of the member of the board making the motion 
and the results of the vote upon the motion, is a substantial com- 
pliance with Section 4732, General Code. Edwards v. Matthews, 100 
O. S. 487. 

( 

Regular meet- SECTION 4733- The regular meetings of the county 

Jngs when aud board of educatiou shall be held at the ofhce of the county 
superintendent. At the time of the first meetings, the board 
shall fix the time for holding its regular meetings. Regular 
meetings shall be held at least every two months and when 
necessary other meetings may be held at the call of the 
president, or any two members. A majority of the board 
shall constitute a quorum at any regular or special meeting. 



HISTORY.— S. & S. 713; R. S. § 3929; 75 v. 84, § 35; 
97 V. ^6; 104 v. 133 (137). 



94; 93 V. 



An adjourned or continued meeting of a county board of edu- 
cation is but a prolongation or continuation of the meeting from 
which such adjournment or continuation was had. 

The provisions of law (Section 4754, G. C.) with reference 
to reading and approving minutes of previous meetings are directory 
only, and the failure to do so is not such a material defect as will 
justify a court of equity in interfering with the action of the 
board of education. Op. Atty. Gen. (1917), p. 1393. 



Per diem and 
mileage for 
members. 



Section 4734. Each member of the county board of 
education shall be paid three dollars a day and mileage at 
the rate of ten cents a mile one way, to cover his actual 
and necessary expenses incurred during his attendance upon 
any meeting of the board. Such expenses, and the ex- 
penses of the county superintendent, itemized and verified 
shall be paid from the county board of education fund 
upon vouchers signed by the president of the board. 

§ 34; 



195, 



283; 97 v. 



HISTORY.— S. & S. 713; R. S. § 3928; 70 
345; 104 v. 133 (137); 108 v. Pt I 704 (707). 

The board of education of a county school district has no 
authority in law to publish a report of the schools of said district 
for the school year. Op. Atty. Gen. (1915), p. 1001. 



COUNTY SCHOOL DISTRICTS 



135 



successors 
elected. 



The word "verify" as used in Section 4734, G. C, and other sec- 
tions of the General Code in reference to the expense accounts 
means verified by affidavit, that is, the account is required to be 
sworn to before some officer duly authorized to administer oaths. 
Op. Atty. Gen. (1917), p. 630. 

No expenses, fees or salary can be paid from the county board 
of education fund, or any other fund, for a meeting held by the 
members of the boards of education of the various village and 
rural school districts within the county under the provisions of 
Section 4747-1, G. C. Op. Atty. Gen. (1917), p. 254. 

Under the provisions of the constitution of Ohio, a member 
of the General Assembly can at the same time serve as a member of 
the county board of education. Op. Atty. Gen. (1920), p. 373. 

Section 4735. The present existing township and Existing dis- 
special school districts shall constitute rural school districts u"tn chlnged 
until changed by the county board of education, and all Jy J^?"^^^^, ^ 
officers and members of boards of education of such exist- continue until 
ing districts shall continue to hold and exercise their re- 
spective offices and powers until their terms expire and 
until their successors are elected and qualified, 

HISTORY.— S. & S. 713; R. S. § S928; 70 v. 195, § 34; 93 v. 283; 97 v. 
345; 104 v. 133 (138). 

It was held under the provisions of this section, before the 
amendment of Section 4692, General Code, in its present form, that 
a member of a board of education residing in territory which is 
transferred for school purposes to another township rural school 
district continues to hold office until the expiration of his term. 
Thompson v. State, 92 O. S. 284. 

Section 4735 provides that the township and special school dis- 
tricts existing at the time of its enactment shall continue rural 
school districts until changed by the county board of education. 
Cline V. Martin, 94 O. S. 420, 430. 

Where territory, in which a member of a board of education 
lives, was transferred from one rural school district to another 
prior to the amendment to Section 4692, G. €., 106 O. L. 397, such 
member will hold his office as a member of such board of educa- 
tion to the end of the term for which he "was elected. Op. Atty. 
Gen. (1917), p. 490. 

Under the provisions of Section 4735, G. C., that existing 
township and special school districts shall constitute rural school 
districts the title to school property which formerly belonged to said 
township or special district becomes vested in the rural district. 
Op. Atty. Gen. (1918), p. 1371. 

Section 4735-1. When a petition signed by not less Procedure to 
than one-fourth of the electors residing within the territory dissolve rural 
constituting a rural school district, praying that the rural join to another 
district be dissolve-d and joined to a contiguous rural or Jh?rito.°"^ 
village district, is presented to the board of education of 
such district; or when such board, by a majority vote of 
the full membership thereof, shall decide to submit the 
question to dissolve and join a contiguous rural or village 
district, the board shall fix the time of holding such election 
at a special or general election. The clerk of the board of 
such district shall notify the deputy state supervisors of 
elections, of the date of such election and the purposes 
thereof, and such deputy state supervisors shall provide 
therefor. The clerk of the board of education shall post 
notices thereof in five pubHc places within the district. The 



136 



COUNTY SCHOOL DISTRICTS 



result shall be determined by a majority vote of such elec- 
tors. 

HISTORY.— 104 V. 133 (138). 

Prior existing bonded indebtedness of a rural school district 
which proceeds under the provisions of Section 4735 and thereby 
dissolves and joins a contiguous rural or village district, remains 
a charge only upon the taxable real and personal property of such 
rural school district creating said bonded indebtedness, and may not 
become a charge upon the property of the district formed by the 
union of said rural school district and some other school district 
under the provisions of Sections 4735-1 and 4735-2, G. C. Op. 
Atty. Gen. (1915), p. 86. 

Where the board of education of a rural school district under 
authority of Section 4735-1, G. C., 104 O. L. 138, submits to a vote 
of the qualified electors of such district the proposition of dissolv- 
ing said district and joining it to a contiguous rural or village 
school district and the vote is unfavorable thereto, upon a petition 
signed by not less than one-fourth of the electors residing in said 
district said board of education may again submit said proposition 
to a vote of the electors of said rural school district. Op. Atty. 
Gen. (1915), p. 1214. 

Where a township rural school district and a village school 
district desire to combine their school activities regard should be 
had to Section 4735-1, G. C, which provides for the dissolution by 
election of the rural district and its joining to the village school 
district. Op. Atty. Gen. (1919), p. 842. 



Title to prop- SECTION 4735-2. The legal title of the property of the 

hoIrPoi edu- ^ural school district, in case such rural district is dissolved 
cation to which and joined to a rural or village district as provided in 
loine . section 4735-1, shall become vested in the board of educa- 
tion of the rural or village school district toi v^hich such 
district is joined. The school fund of such dissolved rural 
district shall become a part of the fund of the rural or 
village school district which it voted to join. The dissolu- 
tion of such district shall not be complete until the board 
of education of the district has provided for the payment 
of any indebtedness that may exist. 

. HISTORY.— 104 V. 133 (138). 

Prior existing bonded indebtedness of a rural school district 
which proceeds under the provisions of Section 4735-1 and thereby 
dissolves and joins a contiguous rural or village school district, 
remains a charge only upon the taxable real and personal property 
of such rural school district creating said bonded indebtedness, and 
may not become a charge upon the property of the district and such 
other school district under the provisions of Sections 4735-1 and 
4735-2, G. C. Op. Atty. Gen. (1915), p. 86. 

The board of education of a county school district has no 
authority under the provisions of Section 4736, G. C., as amended 
104 O. L. 138, to dissolve a rural school district and join it with a 
contiguous rural or village school district within said county dis- 
trict. An election for this purpose must be held under authority 
of Sections 4735-1 and 4735-2, G. C., as found in 104 O. L. 139, 
resulting in a vote favorable to the dissolution of such rural school 
district and to its union with the contiguous rural or village school 
district, before the question of centralization can be submitted to 
the electors of the school district resulting from such union. Op. 
Atty. Gen. (1915), p. 487. 

Power to create Section 4736. The couuty board of education may 

school district, create a school district from one or more school districts 

or parts thereof, and in so doing shall make an equitable 



of board 
new district: 



COUNTY SCHOOL DISTRICTS 13/ 

division of the funds or indebtedness between the newly 

created district and any districts from which any portion 

of such newly created district is taken. Such action of the 

county board of education shall not take effect if a majority 

of the qualified electors residing in the territory affected 

by such order shall within thirty days from the time such 

action is taken file with the county board of education a 

written remonstrance against it. Members of the board of Appointment 

education of the newly created district shall be appointed 

by the county board of education and shall hold their office election 

until the first election for members of a board of education 

held in such district after such appointment, at which said 

first election two members shall be elected for two years 

and three members shall be elected for four years, and 

thereafter their successors shall be elected in the same 

manner and for the term as is provided by section 4712 

of the General Code. The board so appointed by the county 

board of education shall organize on the second Monday 

after their appointment. 

HISTORY.— R. S. § 3530; 97 v. 346; 104 v. 133 (138); 106 v. 396 (397); 
108 V. Pt. I 704 (707). 

This section confers a broad discretion on the county board 
of education in the matter of the establishment of, new school dis- 
tricts, and where this is done by attaching four former sub-districts 
to a village school district, a court will not grant relief to a com- 
plaining tax-payer in the absence of a showing of fraud or an in- 
tentional abuse of discretion. Cline v. Martin, 24 O. C. C. (N. S.) 
81 ; Wogoman v. Board of Education, 5 App. 380, 27 O. C. A. 267. 

A county board of education has authority to dissolve two 
village school districts and consolidate them into one, in the ab- 
sence of procedure on the part of said districts under sections 4688 
and 4688-1, General Code, which would exempt them from such 
action. Fisher v. Whittus, 6 App. 415. 

Members of the board of education of a new rural school 
district created by the county board of education under the pro- 
visions of this section, are to be appointed by the county board of 
education and not by the county commissioners under Section 4736-1, 
General Code. State v. Houpt, 98 O. S. 451. 

Electors sighing a remonstrance against the rearrangement 
of school districts are at liberty to withdraw their names at any 
time within the thirty day period or until official or judicial action 
has been taken on the same. Board of Education v. Board of 
Education, 8 App. 120, 28 O. C. A. 198. 

For decision construing a former statute relating to this sub- 
ject, see Board of Education v. Board of Education, 46 O. S, 595. 

Held, that the provisions^ of this section should be read in 
connection with those of Section 4692, General Code, and that a 
county board of education has no authority to transfer ^territory 
which is not inhabited, under the latter section, solely for the 
purpose of equalizing the tax valuations of school districts. 
Mathews v. Board of Education, 8 App. 206, 30 0.- C. A. 305. 

The election of members of a board of education of a school 
district during the existence of an injunction restraining the crea- 
tion and organization of such school district is invalid. 

The appointment of members of a board of education by the 
county board of education pursuant to the authority conveyed by 
Section 4736, General Code, becomes effective upon the dissolution 
of such injunction, and they will serye until their successors are 
elected as provided bv that section. Meckley, Auditor, et al. v. 
Kunzie, Auditor, 101 6. S. 494. 

The phrase "territory affected" used in Section 4736, General 
Code, with respect to the right of remonstrance, applies to the 



I3S COUNTY SCHOOL DISTRICTS 

territory of the old school district, embracing both the newly 
created district and the territory outside thereof. State ex rel. 
V. Howard, 101 O. S. 532. 

_ Where the^ legislature in plain and unambiguous language 
within the exercise of its constitutional power vests the power and 
discretion in a county board of education to "create a school 
district from one or more school districts or parts thereof" no pre- 
sumption arises that it was the intention of the legislature that the 
power and discretion thus vested in such board was intended to be 
limited or controlled by any other section of the Code theretofore 
enacted and unrepealed, providing for an entirely different mode of 
transferring territory from one district to another. 

Section 4736, General Code, vests in the county board of edu- 
cation the power to create a new school district from an existing 
district and a part of another existing district, and, in the absence of 
fraud, bad faith, or the taking of such arbitrary, whimsical and 
unreasonable action by the board as amounts to an abuse of discre- 
tion, the only limitation upon such power and -discretion is the lim- 
itation contained in that section providing for a remonstrance by a 
majority of the qualified electors residing in the territory affected 
by such order. County Board of Education v. Boehm et al., 102 
O. S. 292. 

Held that the county surveyor is not entitled to remuneration 
for services performed under Section 4736, G. C, 104 O. L. 138. 
Op. Atty. Gen. (1915), p. 284. 

The electors residing in territory attached to a village school 
district for school purposes by the county board of education under 
this section, may vote for school officers and on all school questions 
in such village school district. Op. Atty. Gen. (1915), p. 527. ■ 

Section 4692 and Section 4736, G. C, provide for two separate 
and distinct matters, one for the transfer of territory and the other 
for the arranging of school districts. The provisions of these 
sections are separate and distinct, and the provisions of one of the 
sections are not in any way modified or controlled by the provisions 
of the other. Op. Atty. Gen. (1917), p. 1104. 

A county board of education may under the provisions of 
Section 4736, G. C, as amended in 106 O. L. 397, create a new school 
district by uniting a village school district and a rural school dis- 
trict. 

Where a county board of education under the authority of 
this section creates a new school district, and a remonstrance is 
filed against such action, such remonstrance must contain the 
names of a majority of the qualified electors of the entire new dis- 
trict. Op. Atty. Gen. (1917), p. 1014. 

Held that territory in Lenox civil township, Ashtabula County, 
Ohio, which territory is a part of Morgan township rural school 
district, adjoining, did not cease to be a part of said Morgan 
township rural school district by reason of the fact that the electors 
residing in such territory illegally participated in a school election 
called by the board of education of Lenox township rural school 
district ;' and that the only way by which territory could be trans- 
ferred from Morgan township rural school district was by such 
proceeding in accordance with the statutes providing for such trans- 
fer. Op. Atty. Gen. (1917), p. 260. 

The pendency of an action in the court of common pleas 
wherein it is attempted to enjoin a county board of education from 
m.aking effective its previous action creating a school district pur- 
suant to Section 4736, General Code, is not a defense in an action in 
qiw warranto in this court against the m.embers of a board of edu- 
vation of a school district, the whole of which has been absorbed in 
the creation of the new school district, the board of which has been 
duly appointed and qualified and has organized as provided by Sec- 
tion 4736, General Code. 

When, pursuant to the provisions of Section 4736, General 
Code, a new school district is created by a county board of educa- 
tion by proceedings in conformity with the requirements of the law, 
and the members of a board of education of a newly-created district 



COUNTY SCHOOL DISTRICTS 139 

are duly appointed and qualified, and sucli board duly organized as 
therein provided, the duties and authority of members of a board 
of education of a former school district which has been absorbed 
by the creation of a new district are ipso facto teiminated. 

The absence from the provisions of the statute relative to the 
creation of new school districts by the county board of education 
of a requirement that notice be given of action pursuant to such 
provisions does not invalidate the law. Section 4736, General Code, 
contravenes no provision of the constitution, state or federal. State, 
ex rel., v. Schneider. 103 O. S.. (Decided Nov. 22, 1921.) 

Under Section 4736, G. C, 106 O. L.^ 397, a county board of 
education may create a new school district from a rural school 
district and a village school district over which it has jurisdiction. 

It is not necessary to file a map of such newly created dis- 
trict with the county auditor. The filing of a map applies to a 
transfer of territory from one district to another. 

In such case the entire territory of the newly created district 
is considered the territory "affected" and a majority of the quali- 
fied electors of the newly created district is necessary to defeat ^e 
action of the county board of education by remonstrance. Op. Atty. 
Gen. (1917), p. 987. 

Held that persons who signed a remonstrance against the 
formation of a new school district under this section may withdraw 
their names by petition or otherwise at any time before said re- 
monstrance is acted upon by the county board of education. Op. 
Atty. Gen. (1917), p. 1623. 

In creating new districts out of an old district or part thereof, . • 

or by transferring territory from one district to another, the county 
board of education . should equitably apportion the indebtedness of 
the original district or districts to the districts newly formed or 
created. Op. Atty. Gen. (1917), p. 2273. 

The county board of education may create a new school dis- 
trict from one or more districts or parts thereof as provided in 
Section 4736, G. C., 106 O. L. 397, and shall file with the board or 
boards of education from which the territory is taken a written 
notice of such proposed arrangement. The electors of the territory 
of the new district have 30 days time from the filing of such 
written notice to remonstrate against such proposed arrangement. 

In the creation of a new school district by a county board of 
education, under the provisions of this section, it is not necessary 
to file a map with the county auditor showing the boundaries of 
the territory transferred. Op. Atty. Gen. (1917), p. 1379. 

Where the members of a board of education have been ap- 
pointed by the county board of education for a school district newly 
created by such county board of education under this section, the 
successors of the members so appointed should be elected at the 
first election for members of the board of education held in such 
school district after such appointment. Two of such members 
should be elected for the term of two years and three for the term 
of four years. Op. Atty. Gen. (1917), p. 1634. 

Where territory is transferred from one district to another 
the privilege of remonstrating extends only to those electors who 
reside in the territory so transferred. 

Where a new school district is created by action of the county 
board of education, the right to remonstrate extends only to the 
electors of the newly created district. Op. Atty. Gen. (1918), 
p. 1017. 

County boards of education have full authority to create a new 
school district from one or more districts or parts thereof. Op. 
Atty. Gen. (1919), p. 960. 

Where a new school district is created by the county board 
of education such county board should direct an equitable division 
of the funds and indebtedness of the newly created district. Op. 
Atty. Gen. (1919), p. 1119. 

Where a board of education has been appointed by the board 
of county commissioners as provided in Section 4736-1, G. C, the 
successors to the members of such board must be elected at the 



140 



COUNTY SCHOOL DISTRICTS 



first election for members of the board of education held in such 
district after such appointment, two members to serve for two years 
and three for four years. 

Members of boards of education should be nominated for the 
term for which they are to be elected, that is, if two members are to 
be elected for two years and three for four years nominations must 
be made for the short and long terms. Op. Atty. Gen. (1917), 
p. 1626. 

Where the ballots used in a school election in a newly created 
district are not in conformity with the mandate contained in G. C. 
Sec. 4736, there is no valid election for members of the board of 
education. Op. Atty. Gen. (1920), p. 452. 

Where the county board of education has appointed a board 
of education in a newly created district, under the provisions of 
G. C. Sec. 4736, the county auditor should make the distribution of 
school funds to such appointed board of education until their suc- 
cessors are legally elected and qualified. Op. Atty. Gen. (1920), 
p. 452. 

See Opinions of Attorney General, No. 2324 (1921), cited 
under Sec. 7690. 



Election of 
members of 
board of edu- 
cation in new 
district; ap- 
pointment in 
certain cases. 



Section 4736-1. In rural school districts here- 
after created by a county board of education, a board of 
education shall be elected as provided in section 4712 of 
the General Code. When rural school districts hereafter 
so created, or w^hich have been heretofore so created, fail 
or have failed to elect a board of education as provided in 
said section 4712, or whenever there exists such school dis- 
trict which for any reason or cause is not provided with a 
board of education, the commissioners of the county to 
which such district belongs shall appoint such board of 
education, and the members so appointed shall serve until 
their successors are elected and qualified. The successors 
of the members so appointed shall be elected at the first 
election for members of the board of education held in such 
district after such appointment, two members to serve for 
two years and three members for four years. And there- 
after their successors shall be elected in the manner and 
for the term as provided by section 4712 of the General 
Code. The board so appointed by the commissioners of 
the county shall organize on the second Monday after their 
appointment. 

history.— 106 V. 550, § 1. 

The provisions of this section in relation to the successors of 
members of a board of education of a rural school district appointed 
by the commissioners of a county under its authority, have no 
application to the election of successors of members of the board 
of education of a rural school district appointed by the county 
board of education under authority of Section 4736, General Code. 
State ex rel. v. Houpt, 98 O. S. 451, 452. 

For application of this section with respect to the appointment 
of members of a board of education in a new school district, see 
Cline V. Martin, 94 O. S. 420, 430. 

The county board of education may appoint a board of educa- 
tion for a school district created by it, but if it fails to do so, or if 
for any other reason there exists a district without a board of edu- 
cation, then the board of county commissioners of the county shall 
appoint such board of education. Op. Atty. Gen. (1917), p. 987. 



COUNTY SCHOOL DISTRICTS • I4I 

Section 4736-2. All appointments of a board of Proceedings of 
education for such rural school district heretofore made boa?d"sha]i be 
by the commissioners of the county to which such rural 'egai. 
school district belongs shall be held to be legal, valid and 
binding upon such rural school district, and to give such 
appointed boards the same authority as have other rural 
school district boards. All proceedings, otherwise legal 
under the laws applicable to rural school boards, heretofore 
or hereafter had by such boards so appointed shall be held 
legal, valid and binding upon such school districts. The 
bonds heretofore, or hereafter, issued and sold by any such 
rural school district having a board of education hereto- 
fore, or hereafter, appointed by the commissioners of the 
county to which such district belongs, shall not be declared 
to be invalid by reason of any want of authority of such 
board of education of such district to provide for the . 
issuing and sale of such bonds, but, if regularly issued for 
a lawful purpose and sold for not less than par and accrued 
interest such bonds shall be held to be legal, valid and 
binding obligations of such district issuing the same. 

HISTORY.-IO6 V. 660 (551), § 2. 

Section 4737. The county board of education shall Publication of 
publish with the advice of the county superintendent a ™lfrs™o?study 
minimum course of study which shall be a guide to local by county 
boards of education in prescribing the courses of study 
for the school under their control. The county board may 
publish different courses of study for village and rural 
school districts. 

HISTORY.— R. S. § 3930; 97 v. 346; 104 v. 133 (140). 

The county board of education has no authority under this 
section to publish a report of the schools of said district for the 
school year. Op. Atty. Gen. (1915), p. 1001. 

See Opinions of Attorney General, No. 2392 (1921), cited 
under Sec. 7645. 

Section 4739. One or more assistant county superin- Assistant 
tendents, as may be determined by the- county board of edu- fnt^end'en^tsr'^" 
cation, may be elected for a term of not to exceed three election, term. 
years in each county school district by the county board 
of education on the nomination of the county superintend- 
ent. Provided, however, that no assistant county' super- 
intendent shall be elected in 192 1 for a longer term than 
one year. A person other than the one nominated by the 
county superintendent may be elected by a majority vote of 
the county board of education. 

HISTORY.— R. S. § 3932; 75 v. 120; 97 v. 347; IM v. 133; 109 v. 243. 

The term of assistant county superintendents of schools for 
the year 1922-1923 begins on August 1, 1922, and not on September 
1, 1922. Op. Atty. Gen. No. 3224, June 16, 1922. 

See Opinions of Attorney General, No. 2234 (1921), cited 
under Sec. 7691; No. 2390 (1921), cited under Sec. 7769-1. 

Section 4740. Any village or wholly centralized rural village or cen- 

school district or union of school districts for high school f^^i'^^ ^l^-\ 

purposes which maintains a first grade high school and . school ^iur-*^ 

which employs a superintendent upon the nomination of Jfac^d "under 

the county superintendent shall upon application to the supervision of 

county board of education before June first of any year fnt"enlem,''*^'^" 

be placed under the supervision of the county superintend- ^°^- 



142 



COUNTY SCHOOL DISTRICTS 



Compensation 
of assistant 
county super- 
intendent; 
how paid. 



ent. Such superintendents shall be employed by the local 
boards of education upon the nomination of the county 
superintendent, but the local board of education, by a ma- 
jority vote of its full membership, may employ a superin- 
tendent not so nominated. Such superintendent shall per- 
form the duties prescribed by law for assistant county 
superintendents, but shall teach for such part of the day 
as the board of education of the district or districts may 
direct. 



HISTORY.— R. S. § S932; 75 v. 120; 97 
107 V. 621; 109 v. 243. 



347; 104 v. 133; 106 v. 396; 



See Opinions of Attorney General, No. 2098 (1921), cited 
under Sec. 4692. 

Section 4743. The compensation of the assistant 
county superintendent shall be fixed at the same time that 
the appointment is made and by the same authority which 
appoints him, such compensation shall be paid out of the 
county board of education fund on vouchers signed by the 
president of the county board. The salary of any assistant 
county superintendent shall in no case be less than one 
thousand dollars per annum, half of which salary not to 
exceed seven hundred and fifty dollars shall be paid by 
the state and the remainder by the county school district. 
The part paid by the county school district shall be prorated 
among the village and rural school districts in such county 
school district in proportion to the number of teachers em- 
ployed in each district. 

HISTORY.— R. S. § 3935; 75 v. 120; 97 v. 348; 104 v. 133; 109 v. 243. 

See opinions of Attorney General (1916), p. 1129, cited under 
Sec. 7827. 



County super- 
intendent; ap- 
pointment, 
term, duties. 



Section 4744. The county board of education at a 
regular meeting held not later than July 20th, shall appoint 
a county superintendent for a term not longer than three 
years commencing on the first day of August. Such county 
superintendent shall have the educational qualifications 
mentioned in section 4744-4. He shall be in all respects 
the executive officer of the county board of education, and 
shall attend all meetings with the privilege of discussion 
but not of voting. 

HISTORY.— R. S. § S935; 75 v. 120, § 5; 97 v. 348; 104 v. 133 (142). 

A county superintendent of schools, appointed by the county 
board of education under this section of the General Code, is a 
public officer and as such his eligibility or title to the office cannot 
be brought in question in a suit by a tax-payer to enjoin the pay- 
ment of his official salary. State ex. rel. v. Vance, 18 O. N. P. 
(N. S.) 198. 

For other decisions touching this point, see: Ward. v. Board 
of Education, 21 O. C. C. 699 ; State ex. rel. v. Vickers, 58 O. S. 730. 

A county superintendent can only be elected by the county 
board of education which is in power at the beginning of the term 
of such county superintendent. Op. Atty. Gen. (1917), p. 1393. 

See Opinions of Attorney General, No. 2234 (1921), cited 
under Sec. 7691. 



COUNTY SCHOOL DISTRICTS 143 

Section 7706. The county superintendent and each Duties of 
assistant county superintendent shall visit the schools in the county and 
county school district, direct and assist teachers in the per- county super- 
formance of their duties, and classify and control the pro- *"*^"<^^"*s- 
motion of pupils. The county superintendent shall spend 
not less than one-half of his working time, and the assistant 
county superintendents shall spend such portion of their 
time as the county superintendent may designate in actual 
class room supervision. Such time as is not spent in actual 
supervision shall be used for organization and administra- 
tive purposes, and in the instruction of teachers. At the 
request of the county board of education the county super- 
intendent and the assistant county superintendents shall 
teach in teachers' training courses which may be organized 
in the county school district. 

HISTORY.— R. S. § 4017a; M v. 377; 97 v. 362; 104 v. 133; 109 v. 244. 

See Opinions of Attorney General, as follows : No. 2390 
(1921), cited under Sec. 7769-1; No. 2324 (1921), cited under Sec. 
7690. 

Section 7706-1. The county superintendent shall, as conference of 
often as advisable, assemble the teachers, assistant county county super- 
superintendents and the superintendents provided for under sistants"and ' 
section 4740, of the county school district for the purpose teachers, 
of conference on the course of study, discipline, school 
management, and other school work and for the promotion 
of the general good of all the schools in the county school 
district. 

HISTORY.— 104 V. 133; 109 v. 244. 

Section 7706-2. It shall be the duty of the county Text books 
superintendent and assistant county superintendents to re- of^tuly"®* 
commend to the county board of education such text books 
and courses of study as are most suitable for adoption. 

HISTORY.— 104 V. 133; 107 v. 621; 109 v. 245. 

See Opinions of Attorney General, as follows : No. 2392 
(1921), cited under Sec. 7645; (1914) p. 1446, cited under Sec. 7713; 
(1916) p. 1359, cited under Sec. 7713. 



as* 



Section 7706-3. The county superintendent shall hold Monthly 



^ meet- 
monthly meetings with the assistant county superintendents ings of county 

and the superintendents provided for under section 4740 superintend"* 

and advise with them on matters of school efficiency. He 

shall visit and inspect the schools under his supervision as 

often as possible and with the advice of the assistant county 

superintendent shall outline a schedule of school visitation 

for the teachers of the county school district. 

HISTORY.— 104 V. 133; 109 v. 245. 

Section 7706-4. The county superintendent shall have supervision 
direct supervision over the training of teachers in any train- J4*n^^*" *" 
ing courses which may be given in or in connection with courses. 
the county normal school and shall teach in such school 
not more than one hundred periods in any one year. It 



144 COUNTY SCHOOL DISTRICTS 

shall be his duty to see that all reports required by law 
are made out and sent to the county auditor and superin- 
tendent of public instruction and to make such other reports 
as the superintendent of public instruction may require. 

HISTORY.— 104 V. 133; 109 v. 245; 109 v. 592. 

Salary of SECTION 4744-1. The Salary of the county superin- 

county super- tendcnt shall be fixed by the county board of education to 
paid" ' ^ be not less than twelve hundred dollars per year, and shall 
be paid out of the county board of education fund on 
vouchers signed by the president of the county board. Half 
of such salary up to the amount of two thousand dollars 
shall be paid by the state and the balance by the county 
school district. In no case shall the amount paid by the 
state be more than one thousand dollars. The county board 
may also allow the county superintendent a sum not to 
exceed three hundred dollars per annum for traveling ex- 
penses and may employ an efficient stenographer or clerk 
for such superintendent. The part of all salaries and 
expenses paid by the county school district shall be prorated 
^ among the village and rural school districts in the county 
in proportion to the number of teachers employed in each 
, district, but the county board of education must take into 
consideration and use any funds secured from the county 
dog and kennel fund or from any other source and which 
is not already appropriated before the amount is prorated 
to the' various rural and village districts. 

HISTORY.— 104 V. 133 (142); 107 v. 621 (622); 108 v. Pt. I 704 (707). 

There is nothing in Section 4744-1-, G. C, which prohibits a 
county board of education from fixing the salary of the county 
superintendent at any amount in excess of $1200 per year as it may 
deem proper. 

Where the board of education fixes the salary of the county 
superintendent in an amount greater than $2000 the county district 
is to pay the balance remaining after deducting $1000 to be paid by 
the state and such balance is to be apportioned and certified as pro- 
vided in Sections 4744-1, 4744-2 and 4744-3, G. C. Op. Atty. Gen. 
(1914), p. 1265. 

The county board of education may allow a county super- 
intendent an amount sufficient to cover the actual and necessary 
expenses of maintaining and operating an automobile owned by him 
and used in the discharge of his services, having due regard for the 
extent of such use in public and private business. Op. Atty. Gen. 
., (1915), p. 1260. 

The county superintendent of schools as a county school ex- 
aminer is entitled to the compensation of $3.00 per day provided 
for in Section 7828, G. C, for conducting an investigation provided 
for in Section 7827, G. C. Op. Atty. Gen. (1916), p. 1129. 

A county superintendent may sit as a juryman in the common 
pleas court and is entitled to a juryman's fees in addition to his 
compensation as such county superintendent. Op. Atty. Gen. (1917), 
p. 377. 

A resolution passed by a board of education on September 4, 
1918, increasing the salary of a county superintendent of schools 
for the term for which he was appointed, which said term begins 
■ August 1 of said year, where his term and salary had been previously 
fixed on March 13 of the same year, is retroactive and illegal in so 
far as it applies to the services rendered prior to its passage. Op. 
Atty. Gen. (1919), p. 1604. 



COUNTY SCHOOL DISTRICTS 



145 



Questions involving the constitutionality of statutes will not 
be determined by this court, unless such determination is essential 
to the rendition of a proper judgment in the instant case. 

Boards of education, and other similar governmental bodies, 
are limited in the exercise of their powers to such as are clearly 
and distinctly granted. 

The express power to fix a salary does not grant by implica- 
tion the power to unfix such salary. The exercise of the power for 
the full three-year term, agreeable to the statute, exhausts the power 
conferred by the statute. The power to change after once having 
fixed the term and salary, to employ the language of the Lx)cher 
case, supra, must be "clear and distinctly granted." The power not 
being so granted to the board of education cannot be exercised by 
the board of education, and its attempted exercise thereof is ultra 
vires. The action of the board in attempting to change the salary 
of the county superintendent, after once fixed, is illegal and void 
under the statute. State, ex. rel., v. Cook. 103 O. S. 465. (Decided 
Nov. 22, 1921.) 

See Opinions of Attornev General, as follows: (1916) p. 1129, 
cited under Sec. 7827; (1917)"p. 377, cited under Sec. 7837. (1917) 
p. 404, cited under Sec. 7827. 



Section 4744-2. On or before the first day of August 
of each year the county board of education shall certify 
to the county auditor the number of teachers to be em- 
ployed for the ensuing year in the various rural and village 
school districts within the county school district, and also 
the number of assistant county superintendents employed 
and their compensation and the compensation of the county 
superintendent for the time appointed; and such board of 
education shall also certify to the county auditor the 
amounts to be apportioned to each district for the payment 
of its share of the salaries of the county superintendent 
and assistant county superintendents and of the local ex- 
pense of the normal school in each county, and the con- 
tingent expenses of the county board of education. 

HISTORY.— 104 V. 133; 108 v. Pt. I 233; 109 v. 243. 

If the county auditor has made the semi-annual apportion- 
ment of school funds upon the basis of an erroneous certification, 
prior to the correction thereof, the erroneous apportionment neces- 
sarily resulting therefrom may be adjusted at the next semi-annual 
settlement upon the correction of the certification. Op. Atty. Gen. 
(1916), p. 1964. 

Held that the certificate of the county board to the county 
auditor under Section 4744-3, G. C, may be amended to cover an 
increase in salary allowed by the county board to the successor of a 
county superintendent who had resigned. Op. Atty. Gen. (1918), 
p 1668. 

The county commissioners may not lawfully transfer from the 
general county fund, or from the proceeds of any other county tax 
levies to supply deficiencies in the county board of education fund 
in case there is no money available in the sheep fund under Section 
5656, G. C, as amended. Op. Atty. Gen. (1914), p. 1206. 

The board of education of a county school district has no 
authority in law to publish a report of the schools of said district 
for the school year and pay same out of the contingent expense 
fund or otherwise. Op. Atty. Gen. (1915), p. 1001. 

Held that the county surveyor is not entitled to be paid by the 
county board of education for services performed by him under 
Section 4736, G. C. Op. Atty. Gen. (1915), p. 284. 

A county board of education has no authority in law to levy 
a tax for any purpose and may not therefore borrow money under 
Section 5656, G. C., for the purpose of paying for the transportation 
10. s. L. 



Number of 
teachers and 
assistant 
superintend- 
ents and 
compensation 
certified to 
county audi- 
tor; also 
apportionment 
to each 
district. 



146 



COUNTY SCHOOL DISTRICTS 



Amounts to 
pay portion of 
salaries re- 
tained at time 
of apportion- 
ment. 



Printing of 
programs, 
examination 
supplies, etc. 



of pupils furnished by said county board of education under pro- 
vision of the latter part of Section 7734, G. C, as amended 104 
.0. L. 140. Op. Atty. Gen. (1915), 2112. 

Held that the county board of education is without authority in 
law to purchase supplies, including a motion picture machine, for 
the purpose of aiding the county superintendent in his official super- 
visory work, and pay for the same out of the county board of 
education fund. Op. Atty. Gen. (1915), p. 2187. 

Section 4744-3, G. C., 106 O. L. 399, provides that the county 
auditor when making his semi-annual appropriation of the school 
funds of the various village and rural school districts shall set 
aside a contingent as well as a tuition fund to the credit of the 
"county board of education fund." 

Where, in action between the board of education of a 
school district within the county school district and the county 
board of education, the prosecuting attorney of the county declines 
to represent said county board of education, said county board may, 
upon the filing with it of a certificate of available money in said 
contingent fund for said purpose, employ counsel to represent it in 
said case, and out of said fund pay for the services rendered. Op. 
Atty. Gen. (1916), p. 915. 

Section 2918 of the General Code authorizes county boards of 
education to employ counsel when the prosecuting attorney refuses 
to act as required under the provisions of Section 4761, G. C. 

Such counsel so employed by county boards of education may 
be paid from the contingent fund provided for in Section 4744-8, 
G. C. Op. Atty. Gen. (1917), p. 270. 

Under existing law county boards of education are without 
authority to purchase wagons for the conveyance of school chil- 
dren, such conveyance to remain the property of the county board 
and to be assigned by the county board to the various school dis- 
tricts in the county district. Op. Atty. Gen. (1919), p. 1243. 

See Opinions of Attorney General, No. 2324 (1921), cited 
under Sec. 7690. 

Section 4744-3. The county auditor when making his 
semi-annual apportionment of the school funds to the 
various village and rural school districts shall retain the 
amounts necessary to pay such portion of the salaries of 
the county and assistant county superintendents and for 
contingent expenses, as may be certified by the county board. 
Such amount shall be placed in a separate fund to be known 
as the "county board of education fund." The county board 
of education shall certify under oath to the state auditor 
the amount due from the state as its share of the salaries 
of the county and assistant county superintendents of such 
county school district for the next six months. Upon re- 
ceipt by the state auditor of such certificate, he shall draw 
his warrant upon the state treasurer in favor of the county 
treasurer for the required amount, which shall be placed 
by the county auditor in the county board of education 
fund. 

HISTORY.— 104 V. 133; 106 v. 396; 109 v. 2i4. 

Section 4744-3a. The county board of education is 
authorized to pay for the printing of programs, examina- 
tions and other necessary printing supplies for the use of 
the county superintendent and the superintendents and 
teachers of the county school unit. The county board of 
education is authorized to pay the expenses of its educa- 
tional meetings required by law. 

HISTORY. — 107 V. 621 (622). 



1 



COUNTY SCHOOL DISTRICTS 



147 



Section 4744-4. Only such persons shall be eligible who eligible 



as county 
superintend- 
ents. 



Offices for 
county super- 
intendents and 



as county superintendents who shall have: 

(i) Five years' experience as superintendent and a 
high school life certificate; or 

(2) Six years' experience in teaching, two years' 
additional experience in supervision, and at least a three- 
year county high school certificate; or 

(3) Five years' experience as superintendent and a 
county high school certificate, and also be a graduate from a 
recognized institution of college or university rank; or 

(4) Five years' teaching experience with one year's 
professional training in school administration and super- 
vision in a recognized school of college or university rank, 
and a high school life certificate; or 

(5) Five years' teaching experience with one year's 
professional training in school administration and supervi- 
sion in a recognized school of college or university rank, 
and a county high school certificate, and be a graduate from 
a recognized institution of college or university rank. 

HISTORY. — 104 V. 133 (143). 

Section 4744-6. The county commissioners of each 

county shall provide and furnish offices in the county seat 

for the use of the county superintendent. Such offices shall county board 
be the permanent headquarters of the county superintendent 
and shall be used by the county board of education when in 
session. 

HISTORY. — 104 V. 133 (143). 

County boards of education are not authorized to pay the ex- 
penses of teachers' meetings other than the required teachers' insti- 
tute which must be held during a certain week. 

Moneys illegally paid out by a board of education can be recov- 
ered from the mem.bers voting for such expenditure or from the 
persons receiving the same. Op. Atty. Gen. (1919), p. 464. 

Under Section 4744-3a the county board of education may pay 
the actual and necessary expenses of the required educational meet- 
ings of the members of the board of education of the county school 
unit, provided for in Section 4747-1, G. C. Such expense may in- 
clude printing, sending notices to members and rental of a place 
for meeting if such rental is absolutely necessary. Op. Atty. Gen, 
(1919), _ p. 866. 

Bills for office supplies, stationary, etc., furnished to the county 
superintendent of schools, should be approved by the county board 
and paid out of the county board of education fund on the warrant 
of the county auditor. Op. Atty. Gen. (1915), p. 278. 

The county board of education may allow a county super- 
intendent an amount sufficient to cover the actual and necessary 
expense of maintaining and operating an automobile owned by him 
and used in the discharge of his duties, having due regard to the 
extent of such in public and private business. Op. Atty. Gen. 
(1915), p. 1260. 

Section 5653. After paying all horse, sheep, cattle, Distribution of 
swine, mule and goat claims at the December session of surplus fund, 
the county commissioners, if there remain more than one 
thousand dollars of the dog and kennel fund arising from 
the registration of dogs and dog kennels for such year the 
excess at such December session shall be transferred and 
disposed of as follows: in a county in which there is a 



148 COUNTY SCHOOL DISTRICTS 

' society for the prevention of cruelty to children and animals, 
incorporated and organized as provided by law, which has 
one or more agents appointed in pursuance of law, or any 
other society organized as provided by sections 10062 to 
10067, inclusive, of the General Code, that owns or controls 
a suitable dog kennel or place for the keeping and destroy- 
ing of dogs which has one or more agents appointed and 
employed in pursuance of law, all such excess as the county 
commissioners deem necessary for the uses and purposes 
of such society by order of the commisssioners and upon 
the warrant of the county auditor shall be paid to the 
treasurer of such society, and any surplus not so transferred 
shall be transferred to the county board of education fund 
at the direction of the county commissioners. 

HISTORY.— R. S. § 2883; 74 v. 177, §§ 1, 3; 76 v. 85, § 14; 87 v. 160; 
« 97 V. 275; 98 v. 87; 99 v. 484; 101 v. 107; 104 v. 133 (145); 107 v. 534 (537); 

108 V. Pt. I 534 (537). 

Under the provisions of Section 5653, General Code, as 
amended 104 Ohio Laws 145, in counties where no Society for the 
prevention of Cruelty to Animals and Children is incorporated 
and organized as provided by law, it is the mandatory duty of the 
county commissioners to transfer the surplus of the sheep funds in 
excess of $1000.00 to the county board of education fund. State ex 
rel. V. County Commissioners, 94 O. S. 296. 

The provisions of Section 5653, General Code, for the dis- 
tribution by the county commissioners of a portion of the surplus 
from the sheep fund by transferring it to the Society for the Pre- 
vention of Cruelty to Children and Animals, is not an application 
of public funds for a private purpose, but is within the limitations 
of the state constitution in that respect. State ex rel. v. Struble, 
15 O. N. P. (N. S.) 233. 

Under the provisions of Section 5653, General Code, it is the 
mandatory duty of the county commissioners to transfer the 
surplus in the dog and kennel fund in excess of $1000.00, to the 
county board of education fund in those counties in which there 
is no society for the prevention of cruelty to children and animals. 
Op. Atty. Gen. (1920), p. 366. 

Where the board of county commissioners has transferred to 

the county board of education funds from the dog and kennel fund, 

such funds transferred vest in the county board of education and 

the board of county commissioners has no authority over such 

^county board of education fund. Op. Atty. Gen. (1920), p. 366. ^ 

The county commissioners may not lawfully transfer from the 
general county fund, or from the proceeds of any other county 
tax levies to supply deficiencies in the county board of education 
fund, in case there is no money available in the sheep fund, under 
Section 5653, General Code, as amended. Op. Atty. Gen. (1914), 
p. 1206. 

Note : — The following sections of the General Code indicate 
the purposes for which the county board of education fund can be 
drawn upon : 

G. C. Sec. 4734, 4737, 4743, 4744-1, 4744-3, 4744-3a, 7642, 
7654-1, 7654-3, 7654-5, 7860 and 7870. See Op. Otty. Gen. 1919, 
p 1243. 

The sources of revenue of the county board of education fund 
are provided for in the following sections of the General Code: 

G. C, Sec. 4743, 4744-1, 4744-3, 5653 and 7820. 



CHAPTER lo 

BOARD OF EDUCATION OF SCHOOL DISTRICTS OTHER THAN 
COUNTY SCHOOL DISTRICTS 



Section 
4745. Beginning of terms of members. 

Oath of members of board of edu- 
cation and all other officers of 
school district. 

Organization of board and terms of 
president, vice-president and clerk. 

Annual meeting of all members for 
discussion of school matters. 

Vacancies in board, how filled. 

Corporate powers of board of edu- 
cation. 

Board to make rules and regulations; 
requisites of legal meetings of 
board. 

Special meetings of board, how 
called. 

Quorum of board; when yea and nay 
vote required; teachers and em- 
ployes may be paid by payroll. 
. When and how adoption of certain 
resolutions may be dispensed with. 

Board may require estimate from 
Superintendent and make annual 
appropriation. 

In absence of president or clerk, 
member to be chosen to act pro 
tempore. 

Record of meetings to be kept and 
read at succeeding meeting. 

Board authorized to accept gifts or 
endowments. 

Procedure with respect to sale of 
real property. 

Conveyances to be executed by presi- 
dent and clerk. Members not to 
have any interest in contracts of 
the board. 



4746. 



4747. 



4747-1. 



4748. 
4749. 



4750. 



4751. 



4752. 



4752-1. 



4753. 



4754. 
4755. 



4756. 
4757. 



I Section 

4758. Exchange of real estate held by 

board for real estate held by muni- 
cipal corporation. 

14772. Exchange of lots in municipality do- 

nated or granted for school pur- 
poses; procedure. 

14773. What petition in such case shall con- 

tain. 

14774. Requirement as to publication of no- 

tice. 

14775. Hearing by court upon petition; 

when exchange shall be authorized. 

4759. School property exempted from tax- 

ation. 
5334. Property passing to state or political 

subdivisions not subject to direct 

inheritance tax. 
5349. School houses, public colleges and 

academies and land connected 

therewith exempted from taxation. 

4760. How process against board of edu- 

cation served. 

4761. Prosecuting attorney or solicitor to be 

counsel of school board. 

4762. Officer having functions of prose- 

cuting attorney or city solicitor to 

act as counsel for school board. 
2918. Provision for other counsel for school 

board. 
6444. Notice of filing petition for drainage. 
6450. Resolution concurring in or opposing 

improvement. 

6469. Proportionate assessment according to 

benefits. 

6470. Schedule of lands benefited and per- 

centage of benefit. 
6494. Tax levy by board of education. 
6862. Board of education may petition for 

road. 



Section 4745. The terms of office of members of Beginning 
each board of education shall begin on the first Monday in °^ ^^'^"^s- 
January after their election and each such officer shall hold 
his office for four years except as may be specifically pro- 
vided in chapter 2 of this title [G. C. §§ 4698 to 4707], 
and until his successor is elected and qualified. 

HISTORY.— R. S. § 3970-13; 97 v. 40, § 2; 103 v 275 (279). 

This and other sections of the General Code enacted as a part 
of the Jung small school-board act were held to be constitutional. 
State ex rel, v. Evans 90 O. S. 243. 

In the case of vacancies in a school board filled by appoint- 
ment, section 10 of the General -Code provides that a successor shall 
be elected for the unexpired term at first regular election for such 
office if such vacancy occurs more than thirty days before any elec- 
tion. Such appointee, however, has the same right as an elective 
officer to hold over until his successor is elected and qualified. 

Under the provision of section 4748 G. C. a person elected by 
the board of education of a school district to fill a vacancy caused 
by the resignation of a member of such board, ^ holds over for the 
unexpired term for which the member so resigning was elected and 
until his successor is elected and qualified. Op. Atty. Gen. (1915), 
p. 1566. 

(149) 



150 DISTRICTS OTHER THAN COUNTY SCHOOL DISTRICTS 

Members of boards of education in rural school districts are 
elected for the term of four years, except at the first election in 
a newly created district when two should be elected for two years 
and three for four years. 

Boards of education should designate the number to be voted 
for, and if for different terms then the length of each term. Op. 
Atty. Gen. (1917), p. 1948. 

Where an attempt was made to elect members of a school 
board at the November election in 1915, but said election was 
invalid the members of said board whose terms would have expired 
on the first Monday of January, 1916, will hold until their suc- 
cessors are elected at the November election in 1919, and begin 
their terms on the first Monday in January, 1920. 

A vacancy does not occur in an office where there is an in- 
cumbent duly authorized to hold office and who is legally qualified 
to perform the duties thereof. Op. Atty. Gen. (1917), p. 1676. ' 

Oath of mem- SECTION 4746. Before entering upon the duties of his 

and^ otheJ-°^'' office, each person elected or appointed a member of a board 
officers. Qf education or elected or appointed to any other office un- 

der this title shall take an oath to support the constitution 
of the United States and the constitution of this state and 
that he will perform faithfully the duties of his office. Such 
oath may be administered by the clerk or any member of 
the board. 

HISTORY.— R. S. § 3979; 71 v. 15. § 42. 

Date of Section 4747. The board of education of each city, 

re|5faT*'°"' exempted village, village and rural school district shall or- 
meetings. ganize ou the first Monday of January after the election of 

members of such board. One member of the board shall 
be elected president, one as vice-president and a person who 
may or may not be a member of the board shall be elected 
clerk. The president and vice-president shall serve for a 
term of one year and the clerk for a term not to exceed 
two years. The board shall fix the time of holding its reg- 
ular meeting. 

HISTORY.— R. S. §§ 3897a, 3911, 3920, 3933; 70 v. 195, § 21; 70 v. 195, 
§ 31; 75 V. 120, § 3; 86 v. 346; 89 v. 93; 92 v. 149; 93 v. 46; 94 v. 305; 97 v. 
340; 97 v. 342; 97 v. 347; 99 v. 105; 101 v. 138; 104 V. 133 (139); 109 v. 552. 

The clerk of the board of education in a city school district 
having a director of schools does not issue warrants for claims 
against the board, and a clerk in the employ of the director has no 
discretion in issuing warrants for claims approved by the board. In 
city districts where there is no director, the clerk issues warrants 
for the payment of claims approved by the board, and such duty 
is one required by statute for him to perform and he has no right 
to refuse such performance. Op. Atty. Gen. No. 2918, March 9, 
1922. 

The clerk of a board of education is a public officer within 
the purview of the school laws and of section 8 General Code,^ and 
as such continues in office until his successor is elected or appointed 
and qualified. State ex rel. v. Coon, 4 O. C. C. (N. S.) 560. 

The president of the board of education is an officer within 
the meaning of the statutes providing for his election and fixing 
his duties. State ex rel. v. Withrow, 11 O. C. C. (N. S.) 569, 81 
O. S. 523.. 

Held that under the provisions of section 4747 and 4781 of 
the General Code provisions might be made for the payment of 
added compensation to the township clerk for his services as clerk 
of the township board of education. Op. Atty. Gen. (1912), p. 1394. 



DISTRICTS OTHER THAN COUNTY SCHOOL DISTRICTS 



151 



Held that by specific provision of section 4747 General Code, 
a member of a board of education may at the same time act as its 
clerk and receive compensation for both services. Op. Atty. Gen. 
(1912), p. 1776. 

On consideration of the provisions of this section as amended 
104 O. L. 139, and, section 7705 G. C., as amended 104 O. L. 144, 
held that these sections prohibit a clerk of the board of education 
from being employed as a teacher by the board of which such 
teacher is the clerk. Op. Atty. Gen. (1914) ,p. 1478. 

Held that a member of the General Assembly of Ohio cannot 
serve as a clerk of a village board of education of which he is a 
member, and receive a salary as such clerk. Op. Atty. Gen. (1915), 
p. 327. 

The vice president of the board, of education of a school dis- 
trict duly elected by the members of said board under authority 
and in compliance with the requirements of section 4747 G'. C., as 
amended 104 O. L. 139, may act as president of said board and 
perform the duties of said office which has been vacated by the 
resignation of the president of said board from said office. Op. 
Atty. Gen. (1915), p. 1091. 

A teacher may not, while employed by the board of education 
of the school district as a teacher in the schools of said district, 
be elected to the position of clerk of said board. Op. Atty. Gen. 
(1915), p., 2229. 

The clerk of the board of education elected by said board at 
its meeting on the first Monday in January, under authority of 
section 4747 G. C., as amended in 104 O. L. 138, is required, be- 
fore entering upon the duties of his office, to give a bond in an 
amount and with surety to be approved by said board, payable to the 
state, conditioned for the faithful performance of all the official du- 
ties required of him. The board of education in fixing the amount 
of said bond should take into consideration the added duties 
which the clerk is required to perform under provision of the latter 
part of section 4782 G. C., as amended 104 O. L., 158. Op. Atty. 
Gen. (1915), p. 2495. 

Boards of education which fail to organize on the first Mon- 
day of January next after the election of members of such board 
as required by the provisions of section 4747 G. C. should organize- 
as soon as the matter of their failure to organize on the statutory 
date is called to their attention. 

The president and vice president of such boards hold over only 
until the boards of which they are members may reorganize. Op. 
Atty. Gen. (1917), p. 40. 

See opinions of Attorney General as follows : 

No. 1813, (1921), cited under Sec. 7694. 

(1915), p. 2229, cited under Sec. 7786. 

(1918), p. 223, cited under Sec. 7786. 

Section 4747-1. Once each year all the members of Annual 
the boards of education of the various village and rural ^.f^^^^^u^ 

1 11' • • 1 • If' 1 11 1 1 1 ^^^ members 

school districts withm any county school district shall hold 
a meeting for the purpose of discussing matters relating to 
the schools of such county school district. The county su- 
perintendent shall arrange for the time and place of holding 
such a meeting and shall act as chairman thereof. Each 
member of a rural and village board of education may re- 
ceive the amount of two dollars for attending said meeting 
upon filing a certificate for attendance thereof with the 
board of which he is a member, this to be in addition to the 
allowance made rural board of education members under 
authority of section 4715. 

HISTORY.— 104 V. 133 (139); 108 v. Pt. I 704 (708). 



for discussion 
of school 
matters. 



A county board of education, through its superintendent, 
luthority to arrange for the time and place of holding the 



full authority 



has 
an- 



152 DISTRICTS OTHER THAN COUNTY SCHOOL DISTRICTS 

nual meeting of members of the board of education of the various 



il meeting of members of the board of education of the various 
age and rural school districts of the county, including the 
ital of a proper place for such meeting if necessary. Op. Atty. 
n. (1919), p. 864. 



vill ^ 
rental 
Gen. (1919), p 



Vacancies in SECTION 4748. A vacancy in any board of education 

mfedl' ^°^ "^^y b^ caused by death, non-residence, resignation, removal 
from office, failure of a person elected or appointed to 
qualify within ten days after the organization of the board 
or of his appointment, removal from the district or absence 
from meetings of the board for a period of ninety days, if 
such absence is caused by reasons declared insufficient by a 
two-thirds vote of the remaining members of the board, 
which vote must be taken and entered upon the records of 
the board not less than thirty days after such absence. Any 
such vacancy shall be filled by the board at its next regular 
or special meeting, or as soon thereafter as possible, by 
election for the unexpired term. A majority vote of all the 
remaining members of the board may fill any such vacancy. 

HISTORY.— R. S. § 3981; 70 v. 195, § 43; 88 v. 54; 89 v. 95; 93 v. 48; 
97 V. 355; 99 v. 51. 

This section is cited and appHed in the case of Thompson v. 
State, 92 O. S. 284. 

In a case involving the right of a board of education to re- 
move one of its members under this section, it appeared that the 
regular meetings of the board were held on the second Tuesday of 
each month. The member in question was present at the regular 
meeting of the board October 8, 1917. No subsequent meeting of 
the board was held and none called until the second Tuesday in 
November, 1917. The member was absent from that meeting. 
The next meeting was held on the second Tuesday in December, 
1917. The member was absent from that meeting, at which there 
was no quorum only one member being present. The member at- 
tended the next meeting, which was January 8, 1918. Held, that 
his absence did not date from October 8, 1917, and that he was not 
in default until the second Tuesday in November, at which time 
the ninety days prescribed by statute began to run ; and that the 
board of education had no authority to adopt a resolution on 
January 17, 1918, removing such member from the board of edu- 
cation. State ex rel, v. Eikenberry, 99 O. S. 32. 

The provision of section 4748 General Code that upon the res- 
ignation of a member of a board of education such vacancy shall 
be filled by the board at its next regular meeting is directory and 
not mandatory. A vacancy so created may be filled at the same 
meeting at which the member resigns. State ex rel. Hensing, 10 
App. 205. 

Where a member of the board of education was elected in 
1917 for a term of four years beginning January 1, 1918, and re- 
signed after qualifying for said^ office, the board was authorized 
under G. C, Sec. 4748, to fill said vacancy by appointment for the 
unexpired term. Said appointment having been made the appointee 
is entitled to serve until January, 1922. Op. Atty. Gen. (1920), 
p. 78. 

The removal from a city school district, indefinitely, of a 
member of a board of education creates a vacancy on said board. 
Op. Atty. Gen. (1914) p. 819. 

A person elected by the board of education of a school dis- 
trict under the provisions of section 4748 G'. C., to fill a vacancy 
caused by the resignation of the member of such board, holds over 
for the unexpired term for which the member so resigning was 
elected, and until his successor is elected and qualified. Op. Atty. 
Gen. (1915), p. 1556. 



DISTRICTS OTHER THAN COUNTY SCHOOL DISTRICTS 1 53 

A vacancy does not occur in the office of the member of a 
board of education where there is an incumbent of such office who 
is duly authorized to hold over and who is legally qualified to per- 
form the duties of the office. Op. Atty. Gen. (1917), p. 1676. 

Under section 4748 G. C., in cases where the board of edu- 
cation elects persons to fill vacancies in the board, these persons 
so elected will hold over for and during the term for which the 
members, in whose places they were appointed, would have held 
under their election. In such cases section 10 G. C. applies. Op. 
Attl. Gen. (1917), p. 2420. 

Two new members of the board of education of a township 
rural school district were elected at the November election. One 
of the retiring members ran for re-election, but was defeated. The 
other retiring member did not run for re-elction. One of the two 
new members moved away and did not qualify. Held that a 
vacancy exists in the board of education and that the same should 
be filled by the board as provided in section 4748 G. C. Op. Atty. 
Gen. (1918), p. 356. 

If a member of the board of education of a city school dis- 
trict removes from the city a vacancy is thereby caused in the 
board which should be filled under the provisions of section 4748 
G'. C. Op. Atty. Gen. (1918) , p. 1652. 

Under section 4748 G. C. a board of education cannot fill a 
vacancy in the board caused by the resignation of a member at the 
same meeting at which it accepts such resignation. Op. Atty. Gen. 
(1919) , p. 877. 

See opinions of Attorney General, No. 2447 (1921), cited 
under Sec. 7764-1. 

Section 4749. The board of education of each school corporate 
district, organized under the provisions of this title, shall P^^" °^ 
be a body politic and corporate, and, as such, capable of education, 
suing and being sued, contracting and being contracted with, 
acquiring, holding, possessing and disposing of real and per- 
sonal property, and taking and holding in trust for the use 
and benefit of such district any grant or devise of land and 
any donation or bequest of money or other personal prop- 
erty and of exercising such other powers and privileges as 
are conferred by this title and the laws relating to the public 
schools of this state. 

HISTORY.— R. S. § 3971; 85 v. 133; 80 v. 36; 70 v. 195, § 37; S. & C. 
1350. 

As to penalty for members of board of education receiving com- 
pensation, see G. C. § 12883. 

As to authorizing- the use of schoolhouses for literary entertain- 
ments, school exhibitions, singing schools and religious exercises, see G. C. 
§ 7622. 

Where no obligation, legal or moral, rests upon a board of 
education to pay a claim asserted against it by a private individual, 
an act of the general assembly procured by the claimant, command- 
ing such board to levy a tax for its payment is unconstitutional and 
void. Board of Education v. State, 51 O. S. 531. 

A board of education may sue its treasurer for money re- 
ceived and not accounted for. Board of Education v. Milligan, 51 
O. S. 115. 

School property is not liable to assessment for a street im- 
provernent, nor can a judgment be rendered against a board of 
education for the payment of the assessment out of its contingent 
fund. Toledo v. Board of Education, 48 O. S. 83; Board of Edu- 
cation V. Toledo, 48 O. S. 87. 

The legislature having placed the management of the public 
schools under the control of directors, trustees, and boards of 
education, the courts have no rightful authority to interfere by 
directing what instruction shall be given, or what books shall be 
read therein. Board of Education v. Minor, 23 O. S. 211. 



154 DISTRICTS OTHER THAN COUNTY SCHOOL DISTRICTS 

The board of education is made by the statute a body corpo- 
rate, and the contracting of a debt by the board, and the directing 
the issuing of an order to pay it, are corporate actions which cannot 
be performed by the individual members of the board acting sep- 
arately. State ex. rel. v. Treasurer of Liberty Township, 22 O. 
S. 144. 

When the legally constituted counsel of a public board re- 
fuse to resist an action in which the board is vitally interested 
and special counsel are employed to make the necessary defense, 
the board, rather than its members in their individual capacity, will 
be held liable for the fees of such counsel, particularly where no 
bad faith is shown and the members of the board serve without 
compensation. Board of Education v. Board of Education, 17 O. 
N. P. (N. S.), 439. 

Affirmed Board of Education v. Board of Education, 22 C, 
C. (N. S.) 

A board of education is not liable in its corporate capacity 
for damages for an injury resulting to a pupil while attending^ a 
common school, from its negligence in the discharge of its official 
duty in the erection and maintenance of a common school building 
under its charge, in the absence of a statute creating such liability. 
Finch vs. Board of Education, 30 O. S. 37, 46. 

A lease of a public school house for the purpose of having a 
private or select school taught therein for a term of weeks, is in 
violation of the trust for which such school house is held by the 
board of education; and such use of the school house may be re- 
strained through the suit of a resident tax payer of the district. 
Weir V. Day, 35 O. S. 143. 

A board of education is not liable in its corporate capacity for 
damages, where, in excavating on its own lots for the erection of 
a school building, it wrongfully and negligently carries the exca- 
vation below the statutory depth of 9 feet, thereby undermining 
and injuring the foundations and walls of a building belonging to an 
adjoining owner. Board of Education v. Volk, 72 O. S. 469. 

Pursuant to statutory provisions authorizing and empowering 
the board of education of a school district to make and enforce 
rules and regulations to secure the vaccination of pupils attending 
or eligible to attend the schools of the district, such board of 
education, in the exercise of a sound discretion, may exclude from 
the public schools all children who have not been vaccinated. State 
ex rel. v. Board of Education, 76 O. S. 297. 

An agreement by members of a township board of education, 
acting in their individual capacity, to purchase from another per- 
son apparatus for the schools of the township, and to ratify said 
contract of purchase at the next meeting of the board, is contrary 
to public policy, and therefore is illegal and void. McCortle v. 
Bates, 29 O. S. 419. 

A board of education is liable for injury resulting from the 
wrongful acts of its servants in the performance of a purely minis- 
terial act where the wrongful act was the proximate cause of the 
injury and without fault on the part of the injured person. Mc- 
Henry. J. v. The Board of Education of Cincinnati, 14 Ohio App. 
(Decided Jan. 7, 1921.) 

Members of a board of education are not officers or trustees 
of the "state, county, township or municipal corporation" withm 
the contemplation of section 17 General Code and are not person- 
ally liable under the provisions thereof in the making of a contract 
without an appropriation having first been made therefor as re- 
quired by section 5660, General Code. Dayton v. Thomas, 20 O. 
N. P. (N. S.) 539. 

A board of education is authorized to accept a bequest to be 
used in the erection and maintenance of a building to be used 
jointly for a public librarv and Young Men's Christian Association. 
Blume V. Thompson, 15 O. N. P. (N. S.) 97. 

The public sale of land by a township board of education 
which land has been conveyed to such board, its successors .and 
assigns, for a valuable consideration, for use for school purposes 



DISTRICTS OTHER THAN COUNTY SCHOOL DISTRICTS 155 

only, is not in violation of the terms of the grant to the board of 
education. Taylor v. Binford, 37 O. S. 262. 

The authority reposed in a board of education by section 7620, 
General Code, will not be interfered with by the courts and the 
selection of g^ locality at the time the bond issue was submitted to 
popular vote does not limit the board's power to select a different 
site for a centralized school. State v. Jefferson School District, 30 
O. C. A. 365, 11 App. 146. 

Even though an obligation against a board of education is 
not enforceable at law, by reason of failure in the observance of 
statutory requirements when the same is incurred, the board of 
education is nevertheless authorized to pay the same as a moral ob- 
ligation, and the courts will not interpose by injunction to prevent 
the board of education from paying said obligation if it desires to 
do so. Bower v. Board of Education, 8 O. C. C. (N. S.) 305, 78 
O. S. 443; State ex rel. Board of Education, 11 O. C. C. 41, 53 
O. S. 656. 

In the case above cited it was held that the board of education 
of Cincinnati school district was liable in damages to a pupil of one 
of the schools of said district for the act of a dentist employed by 
the board of education, who carelessly and negligently extracted 
one of the teeth of a pupil who was required by the principal of 
the school to submit himself to such dentist for the purpose of hav- 
ing his teeth treated. In reaching this conclusion the Court of Ap- 
peals of Hamilton County has departed from the established doc- 
trine of non-liability recognized by the Supreme Court in the earlier 
cases cited under this section of the General Code, and followed 
the principle of municipal liability declared by the Supreme Court 
in the later case of Fowler v. Cleveland, 100 O. S. 158. 

Under the authority of sections 4749 and 7620 G. C, a board 
of education may legally construct a foot bridge upon a strip of 
land in which a right of way for a walk has been deeded to it, 
and a condition in the deed for such right of way providing for 
its use by the board of education in common with the grantor of 
such right of way does not invalidate the power and authority of 
the board of education to construct such foot bridge. Op. Atty. 
Gen. (1912). D. 1842. 

Held uoon consideration of section 4749 G. C. and cognate 
sections that a board of education has no power to lease any part 
of real property acquired and possessed by it which is not used or 
needed for school purposes. Op. Atty. Gen. (1913) , p. 1508. 

The board of education of a school district, acting under 
authority of section 4749 G. C, may determine by resolution that 
certain real property which said board owns in fee is not needed 
for school purposes and that it is for the best interest of the school 
district to sell the same; and if the value of said property is less 
than $300 the provisions of section 4756 G. C, as amended 103 O. 
L. 536, are not applicable to the sale of said property, and the same 
may be disposed of at private sale. Op. Atty. Gen. (1915) p. 877. 

If the board of education of a township rural school district, 
on consolidating the schools of such district at two points within the 
township, finds that the most convenient location for one of the 
buildings is within the limits of the village school district located 
within said township, said board of education may, under author- 
ity of section 4749, own school property within the limits of said 
village school district for the purpose of operating one of its 
schools under said plan of consolidation. Op. Atty. Gen. (1916), 
p. 13. 

Held that a board of education has no authority to purchase 
a site for and erect a school building outside of its district. Atty. 
Gen. (1917), p. 753. 

The board of. education of a rural school district may not 
expend the funds of the district in acquiring a right of way thru 
private property for the use of pupils residing in the district and 
living more than two miles from the nearest school in said district, 
for the purpose of relieving itself of the duty of providing trans- 



156 DISTRICTS OTHER THAN COUNTY SCHOOL DISTRICTS 

portation for such pupils under the provisions of section 7731 G. C., 
104 O. L. 140. Op. Atty. Gen. (1916), p. 930. 

A board of education may when acting in good faith com- 
promise a claim and justly and legally do it. Op. Atty. Gen. 
(1917), p. 286. 

A board of education in securing a site for a school building 
is not authorized by statute to employ a person to secure options 
at a rate per cent commission on the purchase price. Op. Atty. 
Gen. (1918), p. 478. 

A board of education of a rural school district has no power 
to lease grounds owned by it to others for oil or gas purposes. Op. 
Atty. Gen (1918) . p. 1354. 

A board of education has no power to use school funds to 
erect a residence for the superintendent and teachers of its schools, 
nor has the board of education a right to remodel one of its old 
buildings as a residence for such superintendent and teachers. Op. 
Atty. Gen. (1919), p. 1326. 

Under the incidental or implied powers of a board of edu- 
cation it may purchase or subscribe for a journal relating to 
school board work and pay for the same out of the school funds. 
However, such powers do not permit it to subscribe for such 
publications for the individual members of the board and such 
publications should relate to school board work. Op. Atty. Gen. 
(1920), p. 229. 

See opinions of Attorney General as follows : 

No. 2140 (1921), cited under Sec. 4756. 

No. 2191 (1921), cited under Sec. 7620. 

No. 2247 (1921), cited under Sec. 7764-1. 

No. 2753 (1921), cited under Sec. 7620. 

Board may SECTION 4750. The board of education shall make 

le^af mee?in s. ^^^^ rulcs and regulations as it deems necessary for its gov- 
ernment and the government of its employes and the pupils 
of the schools. No meeting of a board of education, not 
provided for by its rules or by law, shall be legal, unless all 
the members thereof have been notified, as provided in the 
next section. 

HISTORY.— R. S. § 3985; 70 v. 195. § 54; 97 v. 356. 

The statutes of the State relating to education which give the 
control and management of the public schools to boards of educa- 
tion of the several districts, authorize such boards to establish 
rules and regulations for the government of the schools, and, so 
far as the rules so established are reasonable, and fairly calcu- 
lated to enforce good government and promote the ends of educa- 
tion, they will be sustained by the courts. 

A pupil who has favorably passed his examination and has 
been given a proper certificate, . pursuant to regulations of the 
board, authorizing him to enter the next higher grade, is without 
right, in the absence of authority from the board of .education, to 
omit such grade to which he has been promoted and pass to a 
higher one. Board of Education vs. Wickham 80 O. S. 133. 

A board of education may pass a resolution refusing to em- 
ploy a teacher affihated with a labor union federation. Frederick 
V. Owen, 25 O. C. D. 538. 

The courts have no authority to interfere with a regulation 
adopted by a school board requiring the reading of the Bible as 
an opening exercise in school. Nessle v. Humm, 1 O. N. P. 140. 

A resolution passed by a school board prohibiting the reading 
of the Bible and prayer or other religious instruction in the school 
cannot be reviewed by the courts. Board of Education v. Paul, 
7 O. N. P. 58; Board of Education v. Minor, 23 O. S. 211. 

Where instruction in rhetoric was given in a grade or de- 
partment of a school, and one of the rules adopted by the board 



DISTRICTS OTHER THAN COUNTY SCHOOL DISTRICTS 157 

of education for the government of the pupils therein provided 
that if any pupil should fail to be prepared with a rhetorical ex- 
ercise at the time apointed therefor, he or she should, unless ex- 
cused on account of sickness or other reasonable cause, be im- 
mediately suspended from such department. Held, that such a 
rule was reasonable, and that neither the teacher of such depart- 
ment nor the board of education was liable in damages for a sus- 
pension by the teacher of a pupil for failing to comply with said 
rule. Sewell v. Board of Education, 29 O. S. 89. 

This section does not authorize the board of education of a 
school district to make a rule imposing upon the clerk of the board 
the duty of receiving tuition funds belonging to the board; and 
the sureties upon such clerk's bond are not liable for his misap- 
propriation of such funds. State v. Griffith, 74 O. S. 80. 

By virtue of section 4750 G. C. the board of education may 
pass rules and regulations for the government of its pupils, and has 
the right to suspend pupils for violation of such rules subject to 
the restrictions of section 7685 G. C. 

Where therefore a pupil has partaken in a proceeding in which 
a teacher was hung in effigy, the board may suspend such pupil 
by a two-thirds vote for reasonable time not exceeding the limit 
of the current school year after permitting the parent or guardian 
of the offender to be heard. Op. Atty Gen. (1912) , p. 1214. 

Held upon consideration of this section and of section 7681 
G. C., 106 O. L. 489, that a board of education may adopt reason- 
able rules and regulations prescribing the time at which pupils who 
arrive at the age of six years after the beginning of the school 
vear may enter upon the first year's work of the elementary 
schools. Op. Atty Gen. (1916), p. 1598. See Op. Atty. Gen. 
(1911), p. 1018. 

Held upon a consideration of the provisions of this section 
and those of section 4751 G. C., that proceedings of the board of 
education relatin-- to the adoption by such board of the resolution 
providing for the submission of a bond issue proposition to the 
electors of the school district were invalid where one of the mem- 
bers of the board was absent and no notice of the meeting had 
been served in accordance with the provisions of section 4751 G. 
C. Op. Atty Gen. (1917) , p. 649. 

Under sections 4750 and 4751 a bond issue by the board of 
education of the school district is invalid where the resolution pro- 
viding for the submission of said proposition was adopted at a 
special meeting of the board without written notice having been 
served on the members. Op. Atty. Gen. (1917), p. 696. 

A board of education has a right to make a rule granting 
teachers three days' absence on account of the death and burial of 
members of their immediate families, or one day for more remote 
relatives, without deduction of pay. The board can pay a sub- 
stitute during such absence. 

A board of education has a right to establish a rule granting 
teachers the difference between their salaries and those of sub- 
stitutes for not to exceed forty days in any one school year when 
they are absent because of personal illness and when such illness 
is certified to by a physician in good standing. 

The board of education has a right to make a rule permitting 
the teacher to visit other schools for two days a year without de- 
duction of pay, provided such visit be in the furtherance of the 
means of education and not for the personal benefit of the teacher, 
and the board can pay a substitute to teach in the place of such 
teacher during such absence. 

A board of education has the right to grant a teacher three 
half days to attend teachers' examinations, the above being for 
the sole benefit of the teacher. 

The board of education has no right to grant teachers permis- 
sion to attend an educational convention or conference and cannot 
pay a substitute in such absence. 



15^ DISTRICTS OTHER THAN COUNTY SCHOOL DISTRICTS 

A board of education has the right to assign the superintendent, 
directly or indirectly, to investigate and report on methods of work, 
equipment and results obtained in other school systems. Such 
assignment can be made with pay and actual travelling expenses and 
the board can pay a substitute during such absence. Op. Atty. Gen. 
(1917), p. 862. 

The board of education of a school district is without authority 
in law: (1) to send a teacher in the employ of said board to a 
continuation school or to a university and pay a part or all of 
said teacher's salary and expenses while attending said continuation 
school or university; (2) to send said teacher into the schools of 
another state or county in exchange for the services of a teacher 
to be sent into said district from such other state or county; (3) to 
make an allowance to a teacher, in addition to a salary, for suc- 
cessfully maintaining a school children's savings bank. 

A board of education of a city school district may establish 
and maintain an elementary school in a general city hospital and 
contract with a teacher to give instruction in branches mentioned 
in Section 7648 G. C. to children who are residents of said city 
district and who are confined to said hospital. Op. Atty. Gen. 
(1916), p. 122. 

The provisions of this section and of Section 4751 of the 
General Code seem to require that notice of a called meeting of a 
board of education be given in writing as provided in Section 4751, 
whether the board has previously adjourned to meet at the call of 
the president or not. Op. Atty. Gen. (1919), p. 638. 

See Opinions of Attorney General as follows : 

No. 2352 (1921) cited under Sec. 7690; 

No. 2753 (1921) cited under Sec. 7620; 

(1918), p. 85, cited under Sec. 7877. 

Special meet- SECTION 4751. A Special meeting of the board of edu- 

boardf *^^ cation may be called by the president or clerk thereof or by 
any two members, by serving a written notice of the time 
and place of such meeting upon each member of the board 
either personally or at his residence or usual place of busi- 
ness. Such notice must be signed by the official or mem- 
bers calling the meeting. 

HISTORY.— R. S. § 3978; 70 v. 195, § 43; 89 v. 95; 93 v. 47; 97 v. 355. 

If at a regular meeting a board of education adjourns to meet 
at a certain time, and copies of the minutes of such meeting are 
mailed to every member of the board at his proper address, it will 
be presumed that each member had notice of such meeting. State, 
ex rel., vs. Evans, 90 O. S. 243. 

Proceedings of a school board providing for an issue of bonds 
are invalid, where the action pertaining thereto was taken at a 
special meeting of the board from which one member was absent, 
and no written notice of the meeting had been served on each 
member of the board, either personally or at his usual place of 
business. Kattman vs. Board of Education, 15 O. C. C. (N. S.) 232. 

Held upon a consideration of the provisions of this section 
and those of Section 4751 G'. C., that proceedings of the board of 
education relating to the adoption by such board of the resolution 
providing for the submission of a bond issue proposition to the 
electors of the school district were invalid where one of the 
members of the board was absent and no notice of the meeting 
had been served in accordance with the provisions of Section 4751 
G. C. Op. Atty. Gen. (1917), p. 649. 

Under Sections 4750 and 4751 a bond issue by the board of 
education of the school district is invalid where the resolution pro- 
viding for the submission of said proposition was adopted at a 
special meeting of the board without written notice having been 
served on the members. Op. Atty. Gen. (1917), p. 696. 



DISTRICTS OTHER THAN COUNTY SCHOOL DISTRICTS 



159 



The provisions of this section and of Section 4751 of the 
General Code seem to require that notice of a called meeting of a 
board of education be given in writing as provided in Section 4751, 
whether the board has previously adjourned to meet at the call of 
the president or not. Op. Atty. Gen. (1919), p. 638. 

(A special meeting of a board of education can be legally called 
only by the service of the notice thereof on the members in the 
manner provided in Section 4751 G. C. ; and proceedings of such 
board providing for an issue of bonds of the school district are 
invalid where action pertaining thereto was taken at a special 
meeting from which one member was absent, where no written 
notice of the meeting had been served on each member of the 
board in the manner provided in said section. Op. Atty. Gen. 
(1917), p. 2021. 

See Opinions of Attorney General No. 2918 (1922), cited 
under Sec. 4747. 



Section 4752. A majority of the members of a board 
of education shall constitute a quorum for the transaction 
of business. Upon a motion to adopt a resolution author- 
izing the purchase or sale of real or personal property or to 
employ a superintendent or teacher, janitor or other employe 
or to elect or appoint an officer or to pay any debt or claim 
or to adopt any text book, the clerk of the board shall pub- 
licly call the roll of the members composing the board and 
enter on the records the names of those voting ''aye" and 
the names of those voting "no." If a majority of all of the 
members of the board vote aye, the president shall declare 
the motion carried. Upon any motion or resolution, a mem- 
ber of the board may demand the yeas and nays, and there- 
upon the clerk shall call the roll and record the names of 
those voting "aye" and those voting "no." Each board may 
provide for the payment of superintendents, teachers and 
other employes by payroll, if it deems advisable, but in all 
cases such roll call and record shall be complied with ; pro- 
vided, that boards of education of township school districts 
may provide for the payment of teachers monthly if deemed 
advisable upon the presentation, to the clerk, of a certificate 
from the director of the subdistrict in which the teacher is 
employed, stating that the services have been rendered and 
that the salary is due; the adoption of a resolution author- 
izing the clerk to issue warrants for the payment of the 
teacher's salary on presentation of such certificates shall be 
held as compliance with the above requirements, provided, 
however, that whenever a board of education of a city 
school district by a majority vote of its members has 
adopted an annual appropriation resolution, as hereinafter 
provided, then such board may, by general resolution, dis- 
pense with the adoption of resolutions authorizing the pur- 
chase or sale of property, except real estate, the employ- 
ment, appointment or confirmation of appointment of jani- 
tors, truant officers, superintendents of building or other 
employes, except teachers, the payment of debts or claims, 
the salaries of superintendents, teachers or other employes, 
if provision therefor is made in such annual appropriation 
resolution, or approving warrants for the payment of any 
claim from the school fund, if the expenditure for which 



Quorum; when 

yea" and 
"nay" vote 
required. 



Teachers and 
employes may 
be paid by 
payroll; 
procedure. 



When and 
how adoption 
of resolutions 
may be dis- 
pensed with. 



i6o 



DISTRICTS OTHER THAN COUNTY SCHOOL DISTRICTS 



Board may 
require esti- 
mate from 
superintendent 
and director; 
annual appro- 
priation. 



such warrant is issued, is provided for in such annual ap- 
propriation resolution. 

HISTORY.-R. S. § 3982; 71 v. 15, § 42; 97 v. 356; 101 v. 316; 107 v. 46. 

Where the minute books containing a record of the proceedings 
of the board of education, showed that all members of the board 
were present; that a motion to proceed to the election of teachers 
was carried by a unanimous vote ; and that an applicant for a 
position to teach w^as declared elected by a unanimous vote, but that 
the clerk did not call the roll of the members, and the names of 
those voting aye were not entered on the record, the requirement 
of the statute was not sufficiently complied with, and the election 
was invahd. Board of Education vs. Best, 52 O. S. 138; Board of 
Education vs. Brown, 81 O. S. 528. 

Without any agreement with the board of education therefor, 
a teacher performed services as a janitor in connection with his 
school duties ; and having dismissed school on certain holidays 
during the school term, he substituted and taught other days upon 
requirement of the board to make up for said holidays. Held, that 
such teacher could not recover as upon a quantum meruit for the 
janitor services, nor for the prorated amount of his stipulated 
monthly salary for the excess days he taught. Board of Education 
vs. Parker, 21 O. C. C. (N. S.) 280. 

A majority of the members of a board of education constitute 
a quorum for the transaction of the ordinary business of the board; 
and the affirmative vote of a majority of such quorum is sufficient 
to carry propositions other than those, which under Section 4752 
or other sections of the General Code require the affirmative vote 
of a majority or larger vote of the entire membership of the board. 
State, ex rel., vs. Evans, 90 O. S. 243, 250, 251. 

The legal adoption of a resolution by a board of education to 
employ a school superintendent can only be adopted by the entry 
upon the minutes of the names of the members of the board 
voting aye, and names of the members voting nay, as required by 
this section. A statement in the minutes of the board that all the 
members were present at roll-call, and later on that all voted aye 
on the question, is not a compliance with this statute. 

A clerk of a board of education cannot by his own action, after 
the expiration of his term, lawfully correct his official entries in 
public records. Beck vs. Board of Education, 9 O. C. C. (N. S.) 
551; 76 O. S. 587. 

There is but one method for the legal adoption of books 
for use in the public schools and that is the method provided in 
Section 4752 G C. Op. Attv. Gen. (1919), p. 1443. 

See Opinions of Attorney General No. 1813 (1921), cited 
under Sec. 7694. 

See Opinions of Attorney General No. 3140 (1922), cited 
under Sec. 7690. 

See Opinions of Attorney General (1919), p. 187, cited under 
Sec. 7830. 

Section 4752-1. At any meeting- prior to September 
15 of the school year, the board of education of a city school 
district may by vote of the majority of its members, adopt 
a resolution requiring the superintendent and the director 
or other officer having the power and duties of a director 
to prepare and submit to the board by a certain date an 
estimate of the expense of conducting the affairs of the 
board of education for the following school year. Such 
estimate shall set forth such items, schedules and informa- 
tion as may be required by the board of education in such 
resolution. The board at any meeting prior to December 
I of the school year may by a majority vote of its members 



DISTRICTS OTHER THAN COUNTY SCHOOL DISTRICTS l6l 

pass an annual appropriation resolution based upon the 
estimates so furnished. Such appropriation resolution shall 
set forth, classified under appropriate headings, the pur- 
poses of expenditures and the amount appropriated for each 
purpose. 

HISTORY.— 107 V. 46 (47). 

See Opinions of Attorney General No. 2918 (1922), cited 
under Sec. 7696. 

Section 4753. If the president or clerk is absent at Absence of 
any meeting of the board of education, the members present Jf^rk^^"* °^ 
shall choose one of their number to serve in his place pro 
tempore. If both the president and clerk are absent, both 
places shall be filled. On the appearance of either at the 
meeting after his place has been so filled, he shall imme- 
diately assume the duties of his office. 

HISTORY.— R. S. § 3983; 70 v. 195, § 31. 

Held, that upon consideration of the provisions of this section 
and of Section 4747 G. €., as amended 104 O. L. 139, the vice 
president of the board of education of a school district, duly elected 
by the members of said board, under authority and in compliance 
with the provisions of Section 4747 G. C., may act as president of 
said board and perform the duties of said office which has been 
vacated by the resignation of the president of said board from 
said office. Op. Atty. Gen. (1915), p. 1091. 

Section 4754. The clerk of the board of education Record of pro- 
shall record the proceediners of each meeting in a book to ceedings and 
be provided by the board for that purpose, which shall be thereof. 
a public record. The record of proceedings at each meet- 
ing of the board shall be read at its next succeeding meet- 
ing, corrected, if necessary, and approved, which approval 
shall be noted in the proceedings. After such approval, the 
president shall sign the record and the clerk attest it. 

HISTORY.— R. S. § 39S4; 70 v. 195, § 29; 71 v. 15, § 42. 

Where a board of education, at a regularly called meeting, 
makes a contract with a qualified teacher, but no record is made 
of the proceedings, the teacher may prove by competent parol 
evidence such official action of the said board. Dixon vs. Sub- 
district, 3 O. C. C. 517. 

See Beck vs. Board of Education, 9 O. C. C. (N. S.) 551, 76 
O. S. 587 ; McCortle vs. Bates, 29 O. S. 419. 

Section 4755. By the adoption of a resolution, a ^^^^^^ ^^^^ 
board of education may accept any bequest made to it by accept be- 
will or may accept any gift or endowment from any person ^"^^^^• 
or corporation upon the conditions and stipulations con- 
tained in the will or connected with the gift or endowment. 
For the purpose of enabling the board to carry out the con- 
ditions and limitations upon which a bequest, gift or en- 
dowment is made, it may make all rules and regulations 
required to fully carry them into effect. No such bequest, 
gift or endowment shall be accepted by the board if the 
conditions thereof shall remove any portion of the public 
schools from the control of such board. 

HISTORY.— R. S. § 3975; 73 v. 205. § 2; 97 v. 355. 

Under the authority of section 4755 General Code a board of 
education may accept a bequest made to it by will for school pur- 
11 s. L. 



l62 DISTRICTS OTHER THAN COUNTY SCHOOL DISTRICTS 

poses. Such bequest is a trust for charity, and should be Hberally 
construed to the end that the intention of the donor may be carried 
out. Rockwell vs. Blaney, 9 O. N P. (N. S.) 495. 

A board of education is authorized to accept a bequest to be 
used in the erection and maintenance of a building to be used 
jointly for a public library and a Young Men's Christian Association. 
Blume vs. Thompson, 15 O. N. P. (N. S.) 97. 

Where the incorporators of a village dedicate certain specified 
lots therein "for school purposes, and on which to erect school 
houses", it was held that the dedication was for a specific use, and 
conferred lio power of alienation so as to extinguish the use. If 
the use created by the dedication were abandoned and should 
become impossible of execution, the premises would revert to the 
dedicators or their representatives, and without their consent they 
could not be divested of their contingent right of reversion by an 
absolute alienation. Board of Education vs. Edson, 18 O. S. 221. 

Lands deeded to a board of education to be used for school 
purposes, with an express condition of revertor upon abandonment 
of such use, revert to the grantor or his heirs. 

Lands deeded to a board of education "so long as used for 
school purposes" revert automatically to the heirs of the grantor 
upon abandonment for school purposes, without an express condi- 
tion of revertor in the deed. The board of education in such case 
takes only a qualified or limited fee, terminating when the stipulated 
use ceases. The centralization of the township school district and 
the consequent abandonment of lands used for sub-district schools, 
does not prevent the revertor nor continue the limited estate. 

Where a board of education, having a conditional or limited 
estate in lands, erects buildings and improvements thereon to adapt 
them to such special uses, and thereafter abandons the specified uses, 
such board of education within a reasonable time after such 
abandonment may remove the said buildings and improvements. 
May vs. Board of Education, 12 App. 456; Phillips vs. Board of 
Education, 12 App. 456. 

C, being the owner of land, conveyed it for a valuable con- 
sideration to a township board of education, its successors and 
assigns for the use of school purposes only. Afterward, the board, 
wishing to change the school-house site, sold the land at public 
outcry. to T. C, having conveyed to B, entered — under his permis- 
sion — as upon condition broken. In an action of trespass by T. 
against C. : held, that the entry of C was unlawful, the sale to T 
not being in violation of the terms of the grant to the board of 
education by which the estate was expressly made assignable. 
Taylor vs. Binford, 37 O. S. 262. 



be sold. 



„ , Section 47 s6. When a board of education decides to 

How real , . . y ^ ^ ,,,.... 

property may dispose 01 real or personal property, held by it m its cor- 
porate capacity, exceeding in value three hundred dollars, 
it shall sell such property at public auction after giving at 
least thirty days' notice thereof by pubHcation in a news- 
paper of general circulation or by posting notices thereof 
in five of the most public places in the district in which 
such property is situated. When the board has twice so 
offered a tract of real estate for sale at public auction and 
it is not sold, the board may sell it at private sale, either as 
an entire tract or in parcels, as the board deems best. Pro- 
vided, however, that in case the board of education decides 
to dispose of such real property, it may sell and convey the 
same to any municipality or board of trustees of the school 
district library in which such real estate is situated upon 
such terms and conditions as may be agreed upon. The 
president and secretary of the board shall execute and de- 



DISTRICTS OTHER THAN COUNTY SCHOOL DISTRICTS 163 

liver deeds necessary to complete the sale or transfer pro- 
vided for by this section. 

HISTORY.— S. & C. 1350; R. S. § 3971; 70 v. 195, § 37; 80 v. 36; 85 v. 
133; 103 V. 536. 

Held Upon consideration of the provisions of this section 
and of section 4749 G. C. which enumerates the powers of a board 
of education with reference to acquiring .holding, possessing and 
disposing of real and personal property that such board has no 
power to lease to others real property acquired and possessed by it 
which is not used for school purposes. Op. Atty. Gen. (19i3), 
p. 1508. 

The board of education of a school district, acting under 
authority of Section 4749 G. C may determine by resolution that 
certain real property which said board owns in fee is not needed 
for school purposes, and that it is for the best interest of the 
school district to sell the same; and if the value of said property 
is less than |300 the provisions of Section 4756 as amended 103 
O. L. 536 are not applicable to the sale of said property and the 
same may be disposed of at private sale. Op. Atty. Gen. (1915), 
p. 877. 

Transferred property may be sold by the board of education 
of the school district to which such territory was transferred, but 
such real or personal property to be sold must be offered in the 
manner provided in G. C. Sec. 4756. Op. Atty. Gen. (1920), p. 67. 

A board of education desiring to dispose of real estate valued 
in excess of three hundred dollars at public auction under the pro- 
visions of section 4756 G. C., is not compelled to dispose of the 
property offered to the highest bidder, and the board of education 
in its notice of sale may reserve the right to reject any or all bids. 
Op. Atty. Gen., No. 2140, June 6, 1921. 

See Opinions of Attorney General No. 1865 (1921), cited under 
Sec. 7730-1. 

Section 4757. Conveyances made by a board of edu- conveyance 
cation shall be executed by the president and clerk thereof. tr^*Jts°"" 
No member of the board shall have directly or indirectly 
any pecuniary interest in any contract of the board or be 
employed in any manner for compensation by the board of 
which he is a member except as clerk or treasurer. No con- 
tract shall be binding upon any board unless it is made or 
authorized at a regular or special meeting of such board. 

HISTORY.— R. S. § 3974; 70 v. 195, §§ 31, 38. 

A sale of goods by a partnership to a board of education where 
one of the members of the partnership is a member of the board of 
education, is void ; and any resident tax-payer of the school district 
may maintain an action to restrain the board of education and its 
treasurer from paying anything on such contract. Grant vs. Brouse, 
1 O. N. P. 145. 

Inasmuch as it is mandatory upon the board of education to 
place the deposits in the bank offering the highest rate of interest 
for the same, members of the board who are stockholders in, or 
officers of, the bank making the highest bid, are not criminally 
liable for making such bank the depository. Op. Atty. Gen. (1912), 
p. 1246. 

Held that a board of education may enter into a contract with 
a retired member thereof for installing steam heating equipment 
in a school building maintained by such board of education. Op. 
Atty. Gen. (1912), p. 1083. 

The president of a board of education who is also a director 
and stockholder of a building material company, which company 
sells building material to the principal contractor dealing with said 
board of education, has such an interest in said contract as is 



164 



DISTRICTS OTHER THAN COUNTY SCHOOL DISTRICTS 



Exchange of 
real estate. 



prohibited b}^ Section 4757 G. €. No criminal liability is attached 
to a violation of Section 4757 G'. C, but this section does affect 
the validity of contracts. Op. Atty. Gen. (1915), p. 267. 

A member of a board of education who is owner and pub- 
lisher of a newspaper has no right to contract with the board for 
the publication of legal notices, even though only the legal rate is 
charged for such publication. Op. Atty. Gen. (1917), p. 1293. 

A member of a board of education cannot have any interest 
in a contract for the transportation of pupils with the board of 
which he is such member. 

One who has the contract for transportation with the board of 
education relinquishes his interest in such contract when he quali- 
fies and takes his place on such board after being elected thereto. 
Op. Atty. Gen. (1918), p. 20. 

Where a member of a board of education is also a director 
and stockholder of a bank, which bank, with two other banks, has 
bid the same and highest rate of interest for the deposit of the 
funds of such board of education, such funds should be apportioned 
between the three banks offering such highest rate of interest. 
Such award would not be invalid under Section 4757 G. C, because 
of the interest of the member of the board of education. 

Where a board of education enters into a contract for the loan 
of money from a bank and thereafter a director of such bank be- 
comes a member of the board of education such contract does not 
become invalid under the provisions of Section 4757 G. C. Op. Attv. 
Gen. (1918), p. 337. 

A member of a board of education cannot be employed by 
such board as a teacher, and any such contract made by the board 
is null and void. 

The president of a board of education who is under contract 
with such board as a teacher can legally cast a vote for district 
superintendent, but his contract as a teacher is null and void. Op. 
Atty. Gen. (1919), p. 761. 

Where the wife of a member of a board of education appears 
as a party to a contract with such board of education, such con- 
tract is in violation of G. C Sec. 4757 and is null and void. Op. 
Atty. Gen. (1920), p. 1143. 

Section 4758. Upon a vote of a majority of the mem- 
bers of a board of education and a concurring vote of the 
council of a municipal corporation, declaring that an ex- 
change of real estate held by such board for school purposes 
for real estate held by such municipal corporation for 
municipal purposes will be mutually beneficial to such school 
district and municipal corporation, such exchange may be 
made by conveyances, executed by the mayor and clerk of 
the corporation and by the president and clerk of the board 
of education, respectively. 



HISTORY.— R. S. § 3971; 
195, § 37; S. & C. 1350, 



1888, March 



85 



133; 80 V. 



70 V. 



Exchange of SECTION 14772. Be it enacted by the General Assem- 

lots for school jjly of the State of Ohio, That in any and all cases when 
authorized. any lot or lots of land lying within the limits of any town 
or village shall have been dedicated, given, or granted to 
such town or village, and set apart for the use and support 
of schools, it shall be competent for the several courts of 
common pleas of this state, on application of the mayor* or 
council of any village, where such lot or lots are situate, to 
authorize an exchange of such lot or lots for such other lot 
or lots within the limits of such village as the interest of 



DISTRICTS 0T11I£R THAN COUNTY SCHOOL DISTRICTS 165 

the schools therein may seem to require. And all lots taken 
in exchange as aforesaid, shall be held" for the same pur- 
poses and subject to the same conditions as the original 
lots dedicated, given or granted to said town or village for 
the use and support of schools. 

HISTORY.— 70 V. 193. 

Section 14773. That every apphcation for an ex- xerms of 
chane^e of lots as aforesaid, shall be by petition verified by application for 
the mayor, and the board of education of said town or vil- 
lage shall be made a party defendant, and such other per- 
sons as the court may order, and shall set forth an accurate 
description of each and all lots proposed to be given or 
taken in exchange, and shall set forth the specific circum- 
stances which render such exchange necessary, and a prayer 
for such order as may be required. 

HISTORY.— 70 V. 193. 

Section 14774. That notice of the filing, pendency. Notice thereof 
and prayer of such petition shall be published for four con- 
secutive weeks, prior to the day of hearing, in some news- 
paper printed in such village, if there be any printed therein, 
and if there be not, in some newspaper printed in the 
county, and of general circulation in such village. 

HISTORY.— 70 V. 193. 

Section 14775. If upon the hearing of such petition consummation 
it shall appear to the court that notice of the filing, pend- change.^"" 
ency, and prayer of such petition has been given as herein- 
before required, and that such an exchange of lots is neces- 
sary and will promote the interests of schools in such vil- 
lage, and that such an order would not be inconsistent witb 
the terms and conditions of the original grant or devise, 
then the court shall authorize such exchange to be made, 
and order the mayor of such village to execute and deliver 
such deed or deeds in fee simple as may be necessary to 
effect such exchange. 

HISTORY.— 70 V. 193. 



to be 
published. 



Section 4759. Real or personal property vested in g 



any board of education shall be exempt from taxation and 
from sale on execution or other writ or order in the nature 
of an execution. 

HISTORY.— R. S. § 3973; 7o v. 195, § 72. 

A board of education is not a tax-payer; taxes may be levied 
for its benefit, but it pays none. Board of Education vs. Gay, 64 
O. S. 434, 445. 

School property is not rendered liable to assessment for a 
street improvement by reason of the fact that with knowledge that 
the property was not liable to assessment the board petitioned for 
the improvement. 

But where the lien of an assessment for a street improvement 
has already attached, it will not be defeated by the subsequent pur- 
chase of the property by a school board. Board of Education vs. 
Rowland, 3 O. N. P. (N. S.) 122. 



chool prop- 
erty exempt 
from taxation. 



i66 



DISTRICTS UTHIiR THAN COUNTY SCHOOL DISTRICTS 



Property pass- 
ing; to state 
or subdivision 
not subject to 
tax ; to others 
taxable^ above 
exemptions. 



The term taxation as used in the first part of Section 4759 
G. C. does not include "assessments," the latter term being confined 
to local impositions upon property for the payment of the cost of 
public improvements in its immediate vicinity and levied with 
reference to special benefits to the property assessed. However, 
no part of the cost of the improvement of a street on which school 
property, used exclusively for public school purposes, abuts can be 
assessed against such property, and the board of education of the 
school district in which such property is located is neither required 
nor authorized to pay any part of the cost of said improvement out 
of its contingent fund, or to levy a tax for said purpose. Op. Atty. 
Gen. (1916), p. 663. 

Under existing statutes lands owned by a board of education 
are not subject to assessment for road improvements. Op. Atty. 
Gen. (1919), p. 730'. 

Lands deeded to a board of education to be used for school 
purposes, with an express condition of reverter, upon abandonment 
of such use, revert to the grantor or his heirs. 

Lands deeded to a board of education so long as used for 
school purposes revert automatically to the hei.rs of the grantor 
without an express condition of revertor. The board of education 
in such case takes only a qualified or limited fee, terminating when 
the stipulated use ceases. 

The centralization of the township school district, and the 
consequent abandonment of lands used for sub-district schools, 
does not prevent the revertor, nor continue the limited estate. 

An heir of the deceased grantor holding his inheritance and 
acquiring deeds from the other heirs has a right of entry upon the 
premises when the special use is abandoned. 

Where a board of education, having a conditional or limited 
estate in lands, erects buildings and improvements thereon to adapt 
them to such special uses, and thereafter abandons the specified 
uses, such board of education within a reasonable time after such 
abandonment may remove the said buildings and improvements. 
May vs. Board of Education, 12 App. 456. 

Section 5334. The succession to any property pass- 
ing to or for the use of the state of Ohio, or to or for the 
use of a municipal corporation or other political subdivision 
thereof for exclusively public purposes, or public institu- 
tions of learning, or to or for the use of an institution for 
purposes only of public charity, carried on in whole or in 
substantial part within this state, shall not be subject to the 
provisions of the preceding sections of this subdivision of 
this chapter. Successions passing to other persons shall 
be subject to the provisions of said sections to the extent 
only of the value of the property transferred above the 
following exemptions : 

1. When the property passes to or for the use of the 
wife or a child of the decedent who is a minor at the death 
of the decedent, the exemption shall be five thousand 
dollars. 

2. When the property passes to or for the use of the 
father, mother, husband, adult child or other lineal de- 
scendant of the decedent, or an adopted child, or person 
recognized by the decedent as an adopted child and made a 
legal heir under the provisions of a statute of this or any 
other state or country, or the lineal descendants thereof, 
or a lineal descendant of an adopted child, the exemption 
shall be three thousand five hundred dollars. 



DISTRICTS OTHER THAN COUNTY SCHOOL DISTRICTS 167 

3. When the property passes to or for the use of a 
brother, or sister, niece, nephew, the wife or widow of a 
son, the husband of a daughter of the decedent, or to any 
child to whom the decedent, for not less than ten years 
prior to the succession stood in the mutually acknowledged 
relation of a parent, the exemption shall be five hundred 
dollars. 

HISTORY.— R. S. § 2731-3; 90 v. 15, § 3; 108 v. Pt. I 561 (564); 108 v. 
Pt. II 1192 (1193). This section, as enacted in 108 v. Pt. I 561 (564), 
purports to amend the section bearing this number in P. & A, Code, which 
was R. S. § 2731-3; 90 v. 15, § 3; but it is not, in fact, an amendment of 
such section. It is analogous to P. & A. Code § 5332, which was R. S. 
§ 2731-1; ^ V. 101, § 1; 91 v. 169; 90 v. l'4. 

Section 5349. Public school houses and houses used School houses, 
exclusively for pubHc worship, the books and furniture colleges!' etc. 
therein and the ground attached to such buildings necessary 
for the proper occupancy, use and enjoyment thereof and 
not leased or otherwise used with a view to profit, public 
colleges and academies and all buildings connected there- 
with, and all lands connected with public institutions of 
learning, not used with a view to profit, shall be exempt 
from taxation. This section shall not extend to leasehold 
estates or real property held under the authority of a col- 
lege or university of learning in this state, but leaseholds, or 
other estates or property, real or personal, the rents, issues, 
profits and income of which is given to a city, village, school 
district, or subdistrict in this state, exclusively for the use, 
endowment or support of schools for the free education of 
youth without charge, shall be exempt from taxation as long 
as such property, or the rents, issues, profits or income 
thereof is used and exclusively applied for the support of 
free education by such city, village, district or subdistrict. 

HISTORY.— R. S. § 2732; 99 v. 449; 91 v. 393, 216; 88 v. 95; 61 v. 39, 
§ 3; S. & S. 761: S. & C. 1440. 

In pursuance of the authority contained in section 2 of article 
XII of the State Constitution general laws have been passed ex- 
empting from taxation the different classes of property enumerated 
in said section. Such exemptions are set out in Sections 5349 et seq. 
of the General Code. Trustees vs. Roth, 17 O. C. C. (N. S.) 562. 

The sole power to exempt any lands from taxation is vested 
in the general assembly. There is no implied exemption. Exemp- 
tions from taxation must be expressed in clear and unmistakable 
terms., Cincinnati vs. Hynicka, 9 O. N. P. (N. S.) 273. 

Where an exemption from taxation is claimed, the intention 
of the general assembly to grant such exemption must be expressed 
in clear and unambiguous terms. "The exemption must be shown 
indubitably to exist. At the outset every presumption is against 
it. A well-founded doubt is fatal to the claim. It is only where 
the terms of the concession are too explicit to admit fairly of any 
other construction that the proposition can be supported." Lee vs. 
Sturges, 46 O. S. 153, 159; Cincinnati College vs. State, 19 Ohio 
110 ; Lander vs. Burke, 65 O. S. 532, 542 ; Watterson vs.. Halliday, 
77 O. S. 150,_ 170. 

As applied to school houses, the term "public school houses" 
as used in section 2 of article XII of the Constitution, means such 
as belonged to the public, and are designed for schools established 
and conducted under public authority. However, schools established 
by private donations, and which are carried on for the benefit of 
the public, and not with a view of profit, are "institutions of purely 
public charity" within the meaning of the provisions of the Con- 



i68 



DISTRICTS OTHER THAN COUNTY SCHOOL DISTRICTS 



Processes 
against 
boards, how 
served. 



stitution, which authorizes such institutions to be exempt from 
taxation. Gerke vs. Purcell, 25 O. S. 229. 

The exemption of property belonging to colleges and academies 
extends to all buildings and lands that are, with reasonable certainty, 
used for purposes of the institution and includes residences of the 
president, professors and janitors. Kenyon College vs. Schnebly, 
12 O. C. C. (N. S.) 1, 81 O. S. 514. 

Lands of a college used for a pumping station, from which 
water is furnished to the college community and is also sold to 
outsiders, at a profit, is taxable so long as the practice of vending 
water to persons not connected with it is continued. Kenyon Col- 
lege vs. Schnebly, supra. 

The property of literary and scientific societies is only exempt 
from taxation when used exclusively for literary and scientific pur- 
poses. If used for other purposes it is liable to taxation, although 
the proceeds are in future to be applied for the promotion of 
literary and scientific purposes. Cincinnati College vs. State, 19 
Ohio 111. 

The real estate belonging to an institution of purely public 
charity is exempt from taxation only when used exclusively for 
charitable purposes ; and if such real estate is rented for commer- 
cial and residence purposes it is not exempt although the income 
arising from such use is devoted wholly to the purpose of charity. 
Rose Institute vs. Myers, 92 O. S. 252. 

A property which is used for college purposes alone is exempt 
from taxation. Myers vs. Akins, 8 O. C. C. 228. 

An endowment fund of a college which belongs exclusively 
to it and which is devoted solely to deriving an income for its 
support is exempt from taxation. Little vs. Seminary, 72 O. S. 417. 

Section 5353 General Code when enacted was within the au- 
thority granted to the general assembly by section 2 of article XII 
of the Constitution as said section read before its amendment in 
September, 1912 ; and said section 5353 General Code exempted from 
taxation the personal property of institutions of purely public 
charity including endowment funds which belong exclusively to 
them and which, with the income therefrom, are devoted solely to 
their support. Myers vs. Ross Inst., 92 O. S. 238. 

An assessment becomes a lien from the date of the passage 
of the assessing ordinance, and where a board of education has 
purchased real estate upon which assessments are partially unpaid, 
such unpaid assessments would continue to be a lien upon such 
property regardless of who was the owner. Op. Atty. Gen. (1920), 
p. 808. 

Section 4760. Process in all suits against a board of 
education shall be by summons which shall be served by 
leaving a copy thereof with the clerk or president of the 
board. 

HISTORY.— R. S. § 3976; 70 v. 195, § 68. 

See State vs. Coon, 4 O. C. C. (N. S.) 560. 
See Opinions of Attorney General No. 2918 (1922), cited 
under Sec. 4747. 



Prosecuting 
attorney or 
city solicitor 
to be counsel 
of school 
board. 



Section 4761. Except in city school districts, the 
prosecuting attorney of the county shall be the legal ad- 
viser of all boards of education of the county in which he 
is serving. He shall prosecute all actions against a member 
or officer of a board of education for malfeasance or mis- 
feasance in office, and be shall be the legal counsel of such 
boards or the officers thereof in all civil actions brought by 
or against them and shall conduct such actions in his official 
capacity. When such civil action is between two or more 



DISTRICTS UTIIICR TIIAxM COUNTY SCHOOL DISTRICTS 169 

boards of education in the same county, the prosecuting 
attorney shall not be required to act for either of them. In 
city school districts, the city solicitor shall be the legal ad- 
viser and attorney for the board of education thereof, and 
shall perform the same services for such board as herein 
required of the prosecuting attorney for other boards of 
education of the county. 

HISTORY.— R. S. § 3977; 70 v. 195. § 69; 79 v. 26; 97 v. 355. 

A board of education may employ other counsel if the city 
solicitor refuses or fails to act as required by section 4761 General 
Code, and a court of equity will not interfere with the payment of 
the reasonable fees of such counsel, if the contract for their em- 
ployment is otherwise in conformity to the statutory requirements. 
Caldwell vs. Marvin, 8 O. N. P. (N. S.) 384, 387; Board of Educa- 
tion vs. Board of Education, 4 App. 165, 22 O. C. C. (N. S.) 439. 

In a controversy between a board of education of a city school 
district and the city, the solicitor is at liberty to choose which of 
the two parties he will represent regardless of a resolution of 
council ordering him to represent the city. Op. Atty. Gen. (1912), 
p. 1771. 

The duties of the city solicitor with respect to city school 
district boards of education are set out in full in section 4761 G. C. 
and as he is made the legal adviser of such boards, it is his duty 
as such to give his opinion upon the legal title to real estate in 
which the board is interested. He may, however, formulate his 
opinion in any reliable legal manner he desires and is not com- 
pelled to make and prepare abstracts of title for such board of 
education. Op. Atty. Gen. (1912), p. 1841. 

Inasmuch as under section 4761 G. C. the prosecuting attorney 
of the county is obliged to prosecute all actions against members 
of a village board of education for misfeasance or malfeasance in 
office, considerations of public policy will not permit that official 
to hold a position on such board of education. Op. Atty. Gen. 
(1912), p. 1523. 

Section 4761 G. C, beyond dispute, makes the city solicitor 
the legal advisor of city school districts. Also, by provision of sec- 
tion 4761 the prosecuting attorney is made the legal adviser of all 
school boards within the county with the single exception of boards 
of education which are engaged in civil actions with one another. 

A village solicitor being appointed by contract, fulfilling only 
contractual duties,, serving for an indefinite term and not being 
obliged to take oath or give bonds, is not an official within the 
meaning of section 4762 G. C, which stipulates that these duties 
shall fall upon any official serving in a similar capacity to that 
of prosecuting attorney or city solicitor. This language refers to 
county solicitors, directors of law and corporation counsel (all of 
which offices existed at the time of the passage of Section 4762 
G. C.) and to such other similar offices as might be created in 
the future. 

At the present time, therefore, the legal duties necessitated 
by village board of education also fall upon the prosecuting attor- 
ney. Op. Atty. Gen. (1912), p. 487. 

Except in case of civil action against another board of educa- 
tion in the county the county board of education has no authority 
in law to employ counsel other than the prosecuting attorney of 
the county. Op. Atty. Gen. (1915), p. 664. 

Where the solicitor of a city represents such city in an action 
in which the city is plaintiff and the board of education of the 
city school district is one of the defendants, said board of education 
may employ counsel other than the city solicitor to defend it in 
said action, provided that before adopting a resolution employing 
such counsel and authorizing payment for services rendered therein 
there is filed with said board by the clerk thereof a certificate of 



17^ DISTRICTS OTHER THAN COUNTY SCHOOL DISTRICTS 

available funds as required by section 5660 G. C. Op. Atty Gen. 
(1915), p. 1778. 

It is the duty of the prosecuting attorney to prepare bond 
issues and transcripts for boards of education of which they are 
legal advisers. Op. Atty. Gen. (1915), p. 1911. 

Where a member of a board of education institutes and suc- 
cessfully maintains an action to restrain another member of the 
board of education from continuing to serve as a member of the 
board after his removal from the district, the claim of the attorney 
representing the plaintiff in said action for services rendered in con- 
nection therewith may not be allowed by said board of education 
and paid out of the school funds of the district. Op. Atty. (^en. 
(1916), p. 552. 

Where in an action between the board of education of a school 
district and the county board of education, the prosecuting attor- 
ney of the county declines to represent said county board of edu- 
cation said county board may, upon the filing with it of the certi- 
cate of. available money in the contingent fund for said purpose 
emplo}'^ counsel to represent it in said case and pay for the services 
rendered out of said fund. Op. Atty. Gen. (1916), p. 915. 

There is no legal objection to the prosecuting attorney of a 
county accepting employment as counsel of the village in said county 
provided the interest of the village represented by him is not ad- 
verse to that of the county, township, school district or other taxing 
district in said county, or to that of either of the boards mentioned 
m section 2917-1, and provided said employment is not concernirig 
any matter involving the taxing authority of the council of said 
village coming before the county budget commission. Op. Atty Gen. 
(1916), p. 1919. 

Section 2918 of the General Code authorizes county boards of 
education to employ counsel where the prosecuting attorney refuses 
to act under provision of Section 4761 G. C. Such counsel so 
employed by county boards of education are paid from the con- 
tingent fund provided by Section 4744-3 G. C. Op. Atty. Gen. 
(1917), p. 270. 

The city solicitor is the legal adviser of the board of education 
of the cit}^ school district and where he stands ready to perform 
the duties involved in the trial of a case in which he represented 
the adverse party before he became such solicitor, there is no au- 
thority for such city board of education to employ counsel other 
than such city solicitor. Where the city solicitor refuses to act 
on account of his adverse interest in a case in which the board of 
education is a party, the board of education may employ counsel 
to represent it in such case. Op. Atty. Gen. (1918), p. 99. 

Under Sections 2917, 2918 and 4761 G. €., the prosecuting 
attorney is charged with the duty of representing a township board 
of education in mandamus proceedings against the state auditor 
for distribution of a school fund provided in the state. Op. Atty. 
Gen. (1919), p. 120. 

The prosecuting attorney of the county in which the munici- 
pality is located is the legal adviser of the board of education of a 
municipality which has become a city by virtue of the proclamation 
of the Secretary of State, while that municipality is still functioning 
under the village form of government and has not yet elected city 
officials. 

Teachers' certificates issued by county boards of school ex- 
aminers or the state board of school examiners, will be sufficient to 
carry teachers through the present year and until a city board of 
school examiners starts to function. Such city board of school 
examiners (7838 G. C.) can be appointed only by. the board of edu- 
cation elected for the city school district in November, 1921. Op. 
Atty. Gen. No. 2054, May 9, 1921. 



i 



DISTRICTS OTHER THAN COUNTY SCHOOL DISTRICTS IJl 



may 
act; restric- 



Section 4762. The duties prescribed by the preceding when other 
section shall devolve upon any official serving in a capacity "^"r^^^^, 
similar to that of prosecuting attorney or city solicitor for tions. 
the territory wherein a school district is situated, regardless 
of his official designation. No prosecuting attorney, city 
solicitor or other official acting in a similar capacity shall 
be a member of the board of education. No compensation 
in addition to such officer's regular salary shall be allowed 
fur such services. 

HISTORY.— R. S. § 3977; 70 v. 195, § 69; 79 v. 36; 97 v. 355. 

The counsel of the village being employed by contract and ful- 
filling only contractual duties for an indefinite term and not being 
obligated to take an oath of office or give bonds, is not an official 
within the meaning of section 4762 G. C, which stipulates that the 
duties imposed by section 4761 shall fall upon "any official serving 
in a similar capacity" to that of a prosecuting attorney or city 
solicitor. This language refers to county solicitors, directors of 
law and corporation counsel and to such other similar offices as 
might be created in the future. Op. Atty. Gen. (1912) p. 487. 

Section 2918. Nothing in the preceding two sections Provisions for 
shall prevent a school board from employing counsel to °*^^'' <=°""^^^- 
represent it, but such counsel, when so employed, shall be 
paid by such school board from the school fund. Nothing 
in such sections shall prevent the appointment and employ- 
ment of assistants, clerks and stenographers to the prose- 
cuting attorney as provided in this chapter, or the appoint- 
ment by the court of common pleas or circuit court of an 
attorney to assist the prosecuting attorney in the trial of a 
criminal cause in such court, or the county commissioners 
paying for such services as provided by law. 

HISTORY.— R. S. § 1274; 98 v. 160. 

Section 6443. Whenever any owner or owners of petition for 
any separate or distinct tracts of land, not lying within the f^liement and 
corporate limits of a municipality, the trustees of a town- bond required, 
ship, the board of education of any public school district, 
any public board having charge and control of any roads 
or lands of a township or district, not within the corporate 
limits of a municipality, the board of county comissioners, 
the council of a city or village, or the trustees of any state, 
county or municipal public institution desire to provide 
drainage for such tracts of land, public highways, or the 
grounds of a public school ; and whenever the council of 
any city or village, the board of education of any public 
school 'district, or the trustees of any state, county or 
municipal public institution find it necessary for the success- 
ful drainage of any public streets, highways or grounds 
located within a municipal corporation to drain the same 
either by an open ditch or tiled drain or other improvement, 
and the drainage thereof cannot be accomplished in the 
best and cheapest manner without affecting the lands of 
others not Vv^ithin such municipality, such owner or owners, 
township trustees, board of education, municipal council, 
board of county commissioners or trustees of any state, 



172 DISTRICTS OTHER THAN COUNTY SCHOOL DISTRICTS 

county or municipal public institution may file a petition 
with the county auditor of the county wherein all or the 
greater part of the land affected by such proposed drainage 
lies, setting forth the desire for, the necessity of and the 
believed benefits of such drainage, with the beginning, route 
and termini of the needed ditch or drain, or other improve- 
ment, including the necessary branches thereof. The 
petition shall also state the nature of the lands or places 
to be drained, as whether at present agricultural lands, sub- 
merged or overflowed lands, marsh lands, sink holes, or 
other lands to be benefited, and shall give the approximate 
acreage and the method by which in the opinion of the 
petitioner the object of the petition should be accomplished, 
as by open or tiled drain, diking, pumping, or other means. 
Such petition shall also contain the names of the persons 
and corporations, public or private, including any municipal 
corporation into or through which the improvement will 
pass, with the address, if known, whose lands, in the opinion 
of the petitioner or petitioners, will in any way be benefited 
by the proposed drainage, or damaged by the construction 
of the improvement. Such petitioner or petitioners shall 
also file with the county auditor at the time such petition 
is filed a bond in the minimum penal sum of one hundred 
dollars and a maximum of fifty dollars additional for each 
mile, or fraction thereof, of said improvement above one 
mile of length, with at least two sureties who are free- 
holders of the county. But in lieu of such personal sureties, 
a surety company authorized to do business in Ohio may 
be substituted. Such bond shall be made payable to the 
state of Ohio and conditioned for the payment of all costs 
if the prayer of the petition is not granted, or said petition 
is for any cause dismissed. But if said petition be filed 
by a board of education of any public school district, the 
council of a municipality, the board of county commissioners 
of any county or the trustees of any state, county or 
municipal public institution, no bond shall be required. 

HISTORY.— 108 y. Pt. I, 926 (929). 

j^^^j^g ^^ Section 6444. If such petition be filed by any party 

filing petition other than a board of county commissioners the county 
for drainage, ^^^j^qj. ghall givc uoticc of the filing of such petition to the 
board of county commissioners of his county at their next 
meeting; and if a municipality be named as affected he 
shall at the same time notify the mayor thereof by mail ; 
and if any building or ground under the control of any 
board of education or the trustees of any state, county, 
township or municipal public institution be named as 
affected, he shall at the same time notify by mail the pres- 
ident of the board of education or trustees of such institu- 
tion named. =!^ * * 

HISTORY.— 108 V. Pt. 1, 930. 



DISTRICTS OTHER THAN COUNTY SCHOOL DISTRICTS I73 

Section 6450. Upon receipt of either the notice o£ Report by 
the filing of the petition, or of the time set by the county ^f^l^L "JJ"'^ 
commissioners, or the court, by the mayor of any notice; resoiu- 
municipahty, president of any board of education or pres- ing" or*'"o^ppos- 
ident of any board of trustees of any state, county, township *^fnts"^'^°^^" 
or municipal public institution he shall either report the 
fact to the council, board of education or trustees of the 
institution for its action by resolution in said matter, which 
may provide for concurrence in said proposed improve- 
ment, defense against it or such other action as in their 
discretion is proper to protect the municipal interest therein ; 
or the mayor may upon his own discretion appoint the city 
or village solicitor and city or village engineer, if the 
municipality have such officers or employees, to act with 
himself as a committee to represent the municipality in the 
proceedings of such improvement, but if he so act and 
appoint without order by the council by resolution, it shall 
be without expense to the municipality other than the 
regular salary or per diem of such officers or employees. 
And the mayor or said committee shall not be authorized 
to employ legal counsel in said matter without authority 
given by the council. 

HISTORY.— 108 V. Pt. I 926 (934) , § 9. 

Section 6469. After the granting of the petition for Proportionate 
any improvement under this chapter, and the letting of cord?n"^^"o ^^~ 
contracts for work and material, and the ascertainment benefits, 
and determination of all known claims for compensation 
for property taken, or damages to property from the con- 
struction of the improvement, the total cost thereof in- 
cluding the preliminary cost, and the actual or estimated 
cost of supervision and any known costs of litigation 
taxed against the county shall be assessed proportionally, 
according to special benefits conferred, upon all the lots 
and parcels of land specially benefited thereby, the owners 
of which have, as in this chapter provided, had notice of 
the proceedings for such improvement, whether such lots 
and parcels of land abut on the improvement or not. Such 
assessment shall be made as well against the lands of any 
railway company, township, county, municipality, school 
district or board of education, or any other public board, 
as against privately owned property, for the benefit to the 
premises owned or controlled by such public corporation 
or body. * * * 

HISTORY.— 108 V. Pt. 1, 945. 

Section 6470. In making the assessment for benefits schedule of 
provided for in the preceedine section, the county engineer lands benefited 

-/ o 3.nn ncrccnt3.*^G 

shall prepare a schedule of the lands shown by his surveys, of benefit, 

or otherwise known to him to receive benefit from the im- fgafnsTp"rop- 

provement, and whose owners have had notice of its pro- erty in 
posed construction, and shall show in such schedule the " ^^^^ ' ^' 
number of acres believed by him to be benefited and the 
percentage of such benefit, on the basis of one hundred per 



174 



DISTRICTS OTHER THAN COUNTY SCHOOL DISTRICTS 



Tax levy by 
board of edu- 
cation. 



Application 
shall be by 
petition. 
Board of edu- 
cation may 
petition for 
road. 



cent benefit to the land or lands subject to assessment and 
' receiving the highest benefit from the improvement at the 
least probable additional cost to make it available. And he 
shall in such schedule, based on such acreage, percentage, 
and total amount to be assessed show the amount of assess- 
ment on each separate description of land, and the owner's 
name, if known. 

But when the council of a municipal corporation, board 
of education or trustees of a state, county, township or mu- 
nicipal public institution is a petitioner for an improvement 
under this chapter, or named and notified as one of the 
parties affected thereby, and such improvement equally 
benefits the whole territory, or any defined portion thereof, 
within the limits of such municipal corporation, whether 
any part of the improvement lie within such limits or not, 
the engineer, county commissioners, court or jury having 
the duty of determining what portion of the cost and ex- 
pense shall be assessed upon lands within such municipal 
limits for such benefit, may consider and treat such ter- 
ritory as a single parcel of land, and the sum so assessed 
shall be apportioned to all the lots and lands within the 
municipality or the benefited portion, by the county auditor 
according to the valuation of the separate parcels therein 
for taxation. 

HISTORY.— 108 V. Pt. I, 926 (&i5), Sec. 28. 

Section 6494. If a party to an improvement proceed- 
ing under this chapter, the board of education of a district 
interested in land granted by congress for the support of 
common schools, unless such lands have been permanently 
leased, and of a district owning or holding other land for 
school purposes, when an assessment is made upon such 
land, or part thereof, under the provisions of this chapter, 
shall pay such assessment out of the contingent fund of the 
district, and, if necessary for that purpose, may increase 
the levy for such fund otherwise authorized by law. 

HISTORY.— 108 V. Pt. I 926 (955), § 53. For an analogous section, 
see P. & A. Code § 6510, which was R. S. J 4503; 68 y. 60, § 23. For a 
section analogous to the section bearing this number in P. & A. Code, 
see G. C. § 6443, which was 108 .v. Pt. I 926 (929), § 2. P. & A. Code 
§ 6494, which was R. S. § 4483; Revised Statutes of 1880, was repealed in 
108 V. Pt. I 926 (970), § 96. 

Section 6862. Applications to locate, establish, alter, 
widen, straighten, vacate or change the direction of a public 
road shall be made by petition to the county commissioners 
signed by at least twelve free holders of the county residing 
in the vicinity of the proposed irnprovement, which petition 
shall set forth the route and termini of the road, or part 
thereof, to be located, estabhshed, or vacated, or the 
particular manner in which such road is to be altered, 
widened, straightened, or the direction thereof changed. 
When such road or proposed road lies wholly within any 
school district and is necessary for the convenience and 
welfare of the pupils in such district, the board of educa- 
tion of such district may, by resolution, petition for such 



DISTRICTS OTHER Tli.W COU.XTY SCHOOL DISTRICTS I 75 

road. The word "improvement" used in sections 6862 to 
6878 inclusive of the General Code signifies any location, 
establishment, alteration, widening, straightening, vacation 
or change in the direction of a public road, or part thereof, 
as requested in a petition filed under the authority uf such 
sections, or determined upon by a board of county commis- 
sioners or joint board by resolution adopted by unanimous 
vote. 

HISTORY.— 106 V. 574, § 3; 107 v. 69 (71). 



CHAPTER II 
TREASURER AND CLERK OF SCHOOL DISTRICTS 



Section 



4763. 



4764. 

4765. 



4770. 



4772. 
4773. 
12200. 

12201. 

12202. 

2303. 



2304. 



2305. 



Treasurer of city to be treasurer of 
city school district; county treasurer 
to be treasurer of other school dis- 
tricts not having depositories. 

Bond of school district treasurer. 

Treasurer to give additional sureties or 
new bond on request of board. 

Filing and approval of treasurer's bond. 

Funds and securities to be counted at 
time of approval of bond. 

Disbursements to be made on order 
signed by president or vice-president 
and countersigned by clerk. 

Liability of clerk paying over to treas- 
urer moneys in excess of bond. 

Annual settlement by treasurer with 

county auditor. 
Compensation of treasurer for making 
settlement. 

Penalty for failure to make settlement. 

Treasurer to deliver funds to successor. 
Sureties of treasurer may apply for 
discharge. 

Proceedings by board of education in 
such case. 

Original sureties not to be released 
until new bond filed. 

When treasurer and sureties may be re- 
leased from liability for loss of funds 
by fire, robbery, bank failure, etc. 

Finding to be made by board of edu- 
cation in such case. 

Appeal by tax payer from finding of 
board of education discharging treas- 
urer and sureties. 



Section 
2306, Trial in common pleas court on such 

appeal. 
Submission to electors of school dis- 
trict of question of discharge of 

treasurer and sureties. 
Electors may demand submission of 

said question to vote. 
How notice of election in such case 

given. 
Form of ballot on said election. 
Proceedings to be taken when result of 

election ascertained. 
Bond of clerk. 
Clerk of board to make annual financial 

report and statistical statement. 
Publication of statement of receipts and 

expenditures. 
Clerk to deliver books, papers, etc., to 

successor. 
Treasurer and clerk to keep accounts 

in book furnished by covinty aud- 
itor. 
What clerk's account shall show. 
What treasurer's account shall show. 
Compensation of treasurer and clerk. 
When treasurer of school fund may be 

dispensed with. 
When clerk shall perform duties of 

treasurer. 
Disposition of moneys of school dis- 
trict when depository ceases to act. 
Annual report of sheep killed by dcgs 
and amount of tax transferred to 
school funds. 
Treasurer's settlement with board of 

education. 
Examination when school officers fail to 
attend. 



2307. 



2308. 



2309. 



2310. 
2311. 



4774. 
4775. 



4776. 



it n. 



4779. 
4780. 
4781. 

4782. 

4783. 

4784. 
2607. 



3273. 



3315. 



Treasurer of 
the school 
funds. 



Section 4763. In each city school district, the treas- 
urer of the city funds shall be the treasurer of the school 
funds. In all exempted village, village and rural school 
districts v\^hich do not provide legal depositories as provided 
in sections 7604 to 7608 inclusive, the county treasurer shall 
be the treasurer of the school funds of such district. 

HISTORY.— R. S. § 4042; 70 v. 24, § 44; 85 v. 193; 97 v. 367; 104 v. 158 
(159) ; 109 V. 552. 

If the treasurer of a school district deposits school funds in a 
bank by virtue of section 12875 General Code, any interest accruing 
from such fund; inures to the benefit of the school district and not 
to the treasurer individuallv. Eshelbv v. Board of Education, 66 O. 
S. 71. 

A city treasurer is not entitled to extra compensation for his 
services as treasurer of a school fund in the absence of a statute 
providing for such compensation. Knorr v. Board of Education, 8 
Dec. Repr. 672, 9 Bull. 182. 

>A board of education may sue its treasurer for money received 
and not accounted for. Board of Education v. Milligan, 51 O. S. 
115. 

A treasurer of a municipal corporation may refuse to act as 
treasurer of the school board without thereby affecting his position 
as treasurer of the corporation. Op. Atty. 'Gen. (1912), p. 1160. 

(176) 



TRKASURER AND CLICRK OF SCHOOL DISTRICTS 17) 

Village and township treasurers continued to act as treasurers 
of the school funds of their respective village and township school 
district until they were superseded by the county treasurer by 
virtue of section 4763 G. C, as amended 104 O. L. 159, and such 
treasurers continued to draw whatever salary they were entitled 
to until so superseded by the county treasurers at the time said sec- 
tion became effective. 

The clerk of the school district, however, will continue to 
act as the treasurer of such village and township school district if 
a depository had been previously provided and the treasurer dis- 
pensed wath by the respective boards of education. Under said 
section 4763, supra, the county treasurers continue to act as the- 
treasurers of the respective village and rural school district until 
such time as a depository is established for such funds, in accord- 
ance with section 4782 G. C., 104 O. L. 159. Op. Atty. Gen. (1914), 
p. 1676. 

Upon consideration of sections 4763 to 4784 G. C., the clerk 
of the board of education can receive extra compensation for per- 
forming the duties of treasurer of such board, and the board of 
education has the legal right to fix the compensation of such clerk, 
when he is required to perform the added duties of treasurer of 
the board of education, because of the dispensation of said treasurer 
under section 4782 G. C. Op. Atty Gen. (1914), p. 1202. 

When a depository has been provided by a city board of edu- 
cation for its school funds, as required by law, the board of edu- 
cation of the city must dispense with the treasurer and the clerk of 
the board of the city school district performs all the services and 
duties of such treasurer. Op. Atty. Gen. (1915), p. 71. 

In a city school district in \vhich a school teachers' pension 
fund has been established and in which the board of education has 
not provided a depository for the school funds, or having pro- 
vided a depository, has not dispensed with the treasurer of said 
funds under authority of section 4782 G. C. as amended 104 O. L. 
158, the city treasurer, being ex officio treasurer of the city school 
district is treasurer of the school teachers' pension fund under pro- 
vision of section 7889 G. C. 

In a village or rural school district in which a teachers' pen- 
sion fund has been established and in which the board of educa- 
tion has not provided a depository for the funds of said city in 
the manner provided by law ; and has not dispensed with the 
treasurer of said fund under authority of section 4782 as amended, 
the county treasurer, being ex ofificio treasurer of the school funds 
of said district, is treasurer of the school teachers' pension fund 
provided for in said section 7889 G. C. 

In a school district in which a school teachers' pension fund 
has been established and is being maintained, and in which the 
board of education has provided a depository for the school funds 
in the manner authorized by law. and has dispensed wnth the treas- 
urer of said funds under authority of said section 4782 G. C, the 
clerk of said board who is now performing all the services and 
discharging all of the duties, and who is subject to all the obliga- 
tions of the treasurer of such school district, is treasurer of said 
school teachers' pension fund provided for in section 7889 G. C. 
Op. Atty. Gen. (1916). p. 266; Op. Atty. Gen. (1916), p. 1092. 

Neither the board of education of said school district nor the 
board of trustees of said school teachers' pension fund have any 
authority in law to provide a depository for said fund for the 
purpose of relieving the clerk-treasurer as custodian of said fund 
of any and all liabilitv incident to the care and custodv of moneys 
belonging to such fund. Op. Atty. Gen. (1916), p. 1092. 

When a depository has been provided for the school moneys, 
the clerk of said board becomes acting treasurer, and while the 
language of section 4782 G. C. is directory, yet there is no provision 
of law for the selection of a school treasurer bv a board of educa- 
tion. Op. Atty. Gen. (1917), p. 228. 

12 s. L. 



178 



TREASURER AND CLERK OF SCHOOL DISTRICTS 



School district 
treasurer; 
bond of. 



The treasurer of village and township funds who continues to 
act as treasurer of the school funds after a depository has been 
provided under sections 7604 to 7608 G. C, is not entitled to com- 
pensation for such services. Op. Atty. Gen. (1917), p. 192. 

It is not necessary for a county treasurer to give a bond as 
school treasurer when he becomes the treasurer of the school funds 
of village or rural school districts. Op. Atty. Gen. (1914), p. 1765. 

The amendment of section 4763 G. C., as amended in H. B. 
180, 109 O. L., 552, does not have the effect of giving new life to 
the provisions that the treasurer of a city shall be the treasurer of 
such city school district, because the general assembly did not in- 
tend in the passing of an act ''relative to exempted village school 
districts" that section 4763 G. C. should be a substitute for the pro- 
visions of 4782 and 7604 et seq. G. C. In a city school district the 
duties of treasurer of the school fund shall be performed by the 
clerk of the board of education of the city school district. Op. 
Atty. G'en. No. 2844, Feb. 6, 1922. 

See Opinions of Attorney General No. 2918 (1922), cited 
under Sec. 4747. 

Section 4764. Before entering upon the duties of his 
office, each school district treasurer shall execute a bond, 
with sufficient sureties, in a sum not less than the amount of 
school funds that may come into his hands, payable to the 
state, approved by the board of education, and conditioned 
for the faithful disbursement according to law of all funds 
which come into his hands, provided that when school 
moneys have been deposited under the provisions of sections 
7604-7608 inclusive, the bond shall be in such amount as the 
board of education may require. 

S. § 4043; 70 V. 195, §§ 46, 82; 76 v. 16, § 1, 92 v. 210; 



HISTORY.— R. 
367; 101 V. 264. 



Held that as there is no statutory authorization for the pay- 
ment by the board of education of the premium on the bond of the 
clerk or treasurer of the school district, such expense may not 
legally be borne by said board of education. Op. Atty. Gen. 
(1911), p. 430. 

The treasurer of a school district who_ deposits money in a 
bank other than in conformity to the provisions of the depository 
law is, together with the sureties upon his bond, responsible for 
losses sustained by failure of the bank. Mere knowledge by the 
board of education of such deposit does not relieve the treasurer 
and his sureties of liability. Op. Atty. Gen. (1915), p. 84. 



Additional 
sureties or 
new bond. 



Section 4765. Thereafter such treasurer may be re- 
quired to give additional sureties on his accepted bond, or 
to execute a new bond with sufficient sureties to the approval 
of the board of education when such board deems it nec- 
essary. If he fails for ten days after service of notice in 
writing of such requisition, to give such bond or additional 
sureties, as so required, the office shall be declared vacant 
and filled as in other cases. 



HISTORY.— R. S. § 4043; 70 v. 195, §§ 46, 82; 



1; 92 V. 210; 



As members of the school board must approve the bond of the 
treasurer and vote upon the question of increasing or changing the 
same or of requiring additional sureties thereon, the offices of mem- 
ber of the board of education and treasurer of the board are in- 
compatible and may not be held by the same person. Op. Atty. 
Gen. (1912), p. 1160. 



TREASURER AND CLERK OF SCPIOOL DISTRICTS 1/9 

Section 4766. Each such bond, when so executed and Filing and ap- 
approved, shall be filed with the clerk of the board of edu- p^°^^^ °^ 
cation of the district, and recorded. He shall cause a 
certified copy thereof or the names of additional sureties, 
to be filed with the county auditor without delay. 

HISTORY.— R. S. § 4043; 70 v. 195, §§ 46. 82; 76 v. 16, § 1; 92 v. 210; 
97 V. 367. 

Section 4767. Such board at the time of the approval counting of 
of any bond or sureties, shall require the treasurer of the ^""^^• 
school funds to produce all money, bonds or other securities 
in his hands as such treasurer, and they then must be 
counted by the board or a committee thereof, in the presence 
of its clerk, who thereupon shall enter upon the records of 
the board, a certificate, setting forth the exact amount of 
money or securities so found in the hands of such treasurer. 
Such record shall be signed by the president and clerk of 
the board and be prima facie evidence that the amount 
therein stated was actually in the treasury at that date. 

history.— R. S. § 4043; 70 v. 195, §§ 46, 82; 76 v. 16, § 1; 92 v. 210; 
97 V. 367. 

Section 4768. No treasurer of a school district shall Disburse- 
pay out any school money except on an order signed by the "^^nts. 
president or vice-president and countersigned by the clerk 
of the board of education, and when such school moneys 
have been deposited as provided by sections 7604-7608 in- 
clusive, no money shall be withdrawn from any such de- 
pository, except upon an order signed by the treasurer 
and by the president or vice-president and countersigned by 
the clerk of the board of education ; and no money shall be 
paid to the treasurer of the district other than that received 
from the county treasurer, except upon the order of the 
clerk of the board, who shall report the amount of such 
miscellaneous receipts to the county auditor each year im- 
mediately preceding such treasurer's settlement with the 
auditor. 

history.— R. S. § 4047; 71 v. 15, § 83; 97 v. 367; 101 v. 264. 

The board of commissioners of the sinking fund of a 
school district appointed under section 7614 General Code, is entitled 
to the management and control of said fund for the payment of 
debts and the investment of the surplus without dictation, but it is 
not entitled to the custody or possession thereof. Orders drawn on 
the sinking fund must be drawn by the president and clerk of the 
board of education in favor of the person entitled thereto, upon 
requisition made upon them by the board of commissioners of the 
sinking fund. State ex rel. v. Board of Education, 3 O. N. P. 
(N. S.) 401. 

The treasurer of a school district who deposits money in a 
bank other than in conformity to the provisions of the depository 
law is, together with the surety upon his bond, responsible for 
losses sustained by failure of the bank. Mere knowledge by the 
board of education of such illegal deposit does not relieve the treas- 
urer and his sureties of liability. Op. Atty. Gen. (1915), p. 84. 

Section 4769. The clerk of a board of education or Liability of 
the county auditor shall pay no money into the hands of the au^|^to°'' 
treasurer of a school district in excess of the amount of his 



tor, 



1 80 TREASURER AND CLERK OF SCHOOL DISTRICTS 

bond. Should any such clerk or auditor violate this pro- 
vision, he and his bondsmen shall be Hable for any loss 
occasioned thereby. But where depositories for school funds 
have been created under the provisions of sections 7604-7608 
inclusive, all school moneys shall be paid directly into such 
depository or depositories by the auditor upon the written 
order of the board of education signed by the president or 
vice-president and countersigned by the clerk. In case the 
school funds have been deposited under the provisions of 
sections 7604-7608 inclusive, the limitation of payment herein 
contained shall not apply. Before giving such treasurer a 
warrant or order for school funds, the auditor may require 
the treasurer to file with him a statement showing the 
amount of such funds in his possession, signed by the clerk 
of the board of education. 

HISTORY.— R. S. § 4048; 70 v. 195, § 84; 97 v. 367; 101 v. 261. 

Annual settle- Section 4770. Within the first ten days of September, 

ure"^wiV^^^^ each year, the treasurer shall settle with the county auditor 
county audi- for the preceding school year, and for that purpose he shall 
make a certified statement showing the amount of money re- 
ceived, from whom, and on what account, the amount paid 
out, and for what purpose. He shall produce vouchers for 
all payments made. If the auditor, on examination, finds 
the statement and vouchers to be correct, he shall give the 
treasurer a certificate of the fact, which shall prima facie 
be a discharge of the treasurer for the money paid. When 
the treasurer's term begins on the first day of September, 
the annual settlement shall be made by the outgoing treas- 
urer. 

HISTORY.— R. S. § 4044; 92 v. 58; 85 v. 192, 194; 71 v. 9, § 47. 

The statutory provisions with reference to the common school 
funds must be strictly followed; and the county auditor and the 
township treasurer have no discretion in relation to such funds. 
State V. Zeeb, 9 O. C. C. 13. 

Section 4770 G. C. is not repealed by implication by the pro- 
visions of section 4782 G. C, as amended 104 O. L. 158. The pro- 
visions of section 4770 G. C., are still in force and taken in con- 
nection with the provisions of section 4782 G. C., as amended, and 
section 4783 G. C., prescribe the duties of the clerk of the board 
of education of the school district in making the required settle- 
ment with the county auditor. 

The clerk of the board of education which has dispensed with 
its school treasurer, under authority of section 4782 G. C, as amend- 
ed is not entitled to the compensation and mileage formerly al- 
lowed to said treasurer under authority of section_ 4771 G. C., for 
making the annual settlement with the county auditor, as required 
by the provisions of section 4770 G. C. Op. Atty. Gen. (1915), p. 
1073. 

See Op. Atty. Gen. (1914), p. 1202, where it was held that 
the clerk of the board of education can receive extra compensation 
for performing the duties of treasurer of such board where such 
treasurer had been dispensed with, and that such board of educa- 
tion should take such added duties into consideration in fixing the 
compensation of the clerk, 



TREASURER AND CLERK OF SCHOOL DISTRICTS 



i8i 



Section 4771. For making- such settlement, the treas- Compensation 
urer shall be entitled to receive the sum of one dollar, and geuiem^Jn"^ 
also five cents per mile for traveling to and from the county 
seat, to be paid from the county treasury, on the order of 
the county auditor. 

HISTORY.— R. S. § 4044; 92 v. 58; S5 v. 192. 194; 71 v. 9, § 47. 

Section 4770 G. C. is not repealed by implication by the provi- 
sions of section 4782 G. C., as amended 104 O. L. 158. The pro- 
visions of section 4770 G. C., are still in force and taken in con- 
nection with the provisions of section 4782, G. C. as amended, and 
section 4783 G. C., prescribed the duties of the clerk of the board 
of education of the school district in making the required settle- 
ment with the county auditor. 

The clerk of the board of education which has dispensed with 
its school treasurer, under authority of section 4782 G. C., as amend- 
ed, is not entitled to the compensation and mileage formerly al- 
lowed to said treasurer under authority of section 4771 G. C., for 
making the annual settlement with the county auditor, as required 
bv the provisions of section 4770 G. C. Op. Atty. Gen. (1915), p. 
1073. 

See Op. Atty. Gen. (1914), p. 1202, where it was held that the 
clerk of the board of education can receive extra conpensa- 
tion for performing the duties of treasurer of such board where 
such treasurer had been dispensed with and that such board of edu- 
cation should take such added duties into consideration in fixing 
the compensation of the clerk. 

Section 4772. If the treasurer of any school district Penalty for 
wilfully or negligently fails to make such annual settlement make^^ettie- 
within the time so prescribed, he shall forfeit and pay fifty ment. 
dollars, to be recovered in a civil action in the name of the 
state, which amount, when collected, shall be paid into the 
county treasury and applied to the use of the common 
schools in his district. In case of such failure, the county 
auditor shall proceed forthwith to recover the forfeiture 
by suit against the treasurer before a justice of the peace 
of the county. 

HISTORY.— R. S. § 4045; 71 v. 9, § 47. 

A board of education may sue its treasurer for money re- 
ceived and not accounted for. Board of Education v. Milligan, 51 
O. S. 115. 



Section 4773. At the expiration of his term of service, Treasm 



each treasurer shall deliver to his successor in office 
books, papers, money, and other property in his hands be- 
longing to the district, and take duplicate receipts of his suc- 
cessor therefor. One of these he shall deposit with the 
clerk of the board of education within three days there- 
after. 

HISTORY.— R. S. § 4049; 1888. April 11, 85 v. 192, 194^ 71 v. 9. §. 47. 
As to failure or refusal to pay over public money, see G. C. § 13674. 

An oral agreement between a treasurer and a board of educa- 
tion whereby the treasurer is permitted to use school funds for his 
own use for a period beyond the expiration of his term of office is 
in violation of law; and no recovery can be had by the board of ed- 
ucation against the sureties on the bond executed by the treasurer 
covering the monevs thus loaned to the treasurer. Board of Edu- 
cation V. Thompson, 33 O. S. 321, 



a^ll deliver funds 
to successor. 



l82 



TREASURER AND CLERK OF SCHOOL DISTRICTS 



Sureties of 
treasurer of 
school fund 
may apply to 
be discharged. 



Proceedings 
by board of 
education in 
such case. 



Not released 
till bond 
filed, etc. 



Treasurers 
and sureties 
may be 
released. 



What finding 
necessary to 
release. 



Appeal from 
findings. 



Section 12200. A surety of the treasurer of school 
funds, in any lawfully organized school district, may notify 
the board of education of the district by at least five days' 
notice, in writing, that he is unwilling to continue as surety 
for such treasurer, and at a time therein named, will make 
application to the board to be released from further liability 
upon his bond. He also shall give at least three days' notice 
in writing to such treasurer, of the time and place at which 
the application will be made. 

HISTORY.— R. S. § 5841; 70 v. 195, § 48. 

Section 12201. Upon such notice being given, the 
board of education shall hear the application, and if in their 
opinion there is good reason therefor, require the treasurer 
to give a new bond, conditioned according to law, and to 
the satisfaction of the board, within such time as they 
direct. If the treasurer fails to execute such bond the office 
shall be vacant and shall immediately be filled as are other 
vacancies therein. 

HISTORY.— R. S. § 5842; 70 v. 195, § 48. 

Section 12202. Such original sureties shall not be 
released or discharged until the filing of the new bond, or 
the expiration of the time allowed therefor. The cost of 
such application shall be paid by the person making it. 

HISTORY.— R. S. § 5842; 70 v. 195, § 48. 

Section 2303 , When a loss of public funds, entrusted 
to a county, city, village, township, or school district treas- 
urer, by virtue of his office, heretofore or hereafter results 
from fire, robbery, burglary, or inability of a bank to re- 
fund public money lawfully in its possession belonging to 
such pubHc funds, the county commissioners, township 
trustees, a city or village council or a board of education, 
respectively, may release and discharge such treasurer and 
the sureties upon his official bond, from all liability to or 
demands of such county, township, city, village or school 
district, for loss so created and arising. 



HISTORY.— R. S. 22b-4; 



V. 388, § 1; 



V. 120. 



Section 2304. Before such release and discharge shall 
be effected, the board of county commissioners, township 
trustees, city or village council or board of education shall 
find that the treasurer was entrusted by law with the care 
of such public funds, and that the loss thereof was not oc- 
casioned by his fault or negligence, and an entry of such 
findings shall be made upon the record book of the pro- 
ceedings of such council or board. 

history.— R. S. §22b-4; 99 v. 388, § 1; 98 v. 120. 

Section 2305. Within five days after such finding of 
release and discharge is made, a taxpayer of such county, 
township, municipality or school district, may appeal there- 
from to the common pleas court of the county. Until such 
appeal is finally determined, the finding and other proceed- 



moil pleas 
court. 



TKIiASin-fKR AM) Cl.l-.RK ()!• SCHOOL DISTRICTS 1 83 

ings shall not effect a release and discharge. Notice in writ- 
ing of intention to appeal shall be filed with the clerk or 
auditor of the board or council making the findings within 
five days. Within thirty days after such finding, a tran- 
script thereof and of the other proceedings shall be filed 
in the common pleas court and docketed as other cases. 

HISTORY.— R. S. § 22b4; 99 v. 388, § 1; 98 -v. 120. 

Section 2306. The common pleas court shall proceed Trial in com- 
to try and determine the question whether such public funds 
were lost by the fault or negligence of the treasurer. If it 
be found that the funds were so lost, the finding of the 
board or council ordering the discharge shall be vacated. 
If it be found that the funds were not so lost, the finding 
shall remain in full force and the court shall cause its 
judgment to be certified to the board or council making 
such finding. 

HISTORY.— R. S. 22b-4; 99 v. 388, § 1; 98 v.. 120. 

Section 2307. If the finding of such county commis- Questions 
sioners, township trustees, city or village council or board ^^mitted to 
of education, as the case may be, has been made and entered vote. 
on the record book of its proceedings, such board or council 
may, at the next ensuing general election to be held in the 
county, township, city, village or school district, submit 
to the qualified electors thereof, the question. whether such 
treasurer and the sureties upon his official bond shall be 
discharged from liability on account of such loss of funds. 

HISTORY.— R. S. § 22b-4; 99 v. 388, § 1; 98 v. 120. 

Section 2308. If twenty-five per cent of the quali- Electors may 
fied electors of such county, township, city, village or school demand sub- 
district, petition the council or board thereof for the privilege vote. 
of determining by ballot whether such treasurer and the 
sureties on his official bond shall be released and discharged, 
such council or board shall submit the question to the quali- 
fied electors of the county, township, city, village or school 
district as herein provided. 

HISTORY.— R. S. § 22b4; 99 v. 388, § 1; 98 v. 120. 

Section 2309. The deputy state supervisors of elec- Notice of elec- 
tions of the county, or within which such township, city, ^5^"^*^^^^ ^^ 
village or school district is located, shall cause notice of the 
submission of such proposition to the electors thereof. For 
the release of a county or city treasurer the notice shall be 
by publication in two newspapers of opposite politics in the 
county or city, for at least thirty days next prior to the date 
upon which, the election is to be held. For the release of a 
village or township treasurer, twenty days' notice of the 
election shall be given by posting notices thereof in five 
public places within such village or township. For the re- 
lease of a school treasurer, ten days' notice of such election 
shall be given by posting notice thereof in five public places 
in the school district. 

HISTORY.— R. S. 22b-5; 98 v. 122. § 2. , 



clerk, 



184 TREASURER AND CLERK OF SCHOOL DISTRICTS 

Form of SECTION 23 lo. The ballots for such election shall have 

^^'^°*- printed thereon ''Discharge of treasurer and sureties — 

yes." "Discharge of treasurer and sureties — no." Such 
ballot shall have a place at the left of each proposition for 
the voter to mark according to law, the proposition he 
favors. 

HISTORY.— R. S. § 22b-6; 98 v. 122, § 3. 

Proceedings Section 23 II. If 3. majority of the votes cast upon 

eiectfon^^ °^ sucli proposition at the election are in favor of the discharge 
of such treasurer and his sureties, the county commissioners, 
township trustees, city or village council or board of educa- 
tion, as the case may be, shall cause the result of the election 
to be entered in the record book of its proceedings ordering 
such election, and thereupon shall release and discharge 
such treasurer and his sureties on his official bond from all 
liability on account of such loss. If a majority of the votes 
cast are against the discharge, the result of the election shall 
be made in the record book of proceedings of the council or 
board, and no further action therein shall be taken by such 
council or board. 

HISTORY.— R. S. § 22 b-7; 98 v. 122, § 4. 

Bond of Section 4774. Before entering upon the duties of his 

office, the clerk of each board of education shall execute a 
bond, in an amount arid with surety to be approved by the 
board, payable to the state, conditioned for the faithful per- 
formance of all the official duties required of him. Such 
bond must be deposited with the president of the board, 
and a copy thereof, certified by him, shall be filed with the 
county auditor. 

HISTORY.— R. S. § 4050; 70 v. 195, § 45. 

The clerk of a board of education is not authorized nor is it 
made his duty by statute, to receive and become the custodian of 
tuition funds belonging to such board, and such board is not em- 
powered to make a rule conferring such authorit}^ or imposing such 
duty upon the clerk of the board; and where pursuant to such a 
rule the clerk is permitted to receive and have the custody of such 
funds, which he failed to safely keep and account for, the sureties 
on his statutorv bond are not liable therefor. State v. Griffith et 
al, 74 O. S. 80.' 

The clerk of a board of education must furnish a bond in 
order to qualify. State ex rel. v. Voon, 4 O. C. C. (N. S.) 500. 

The condition in the bond of a clerk that he shall "faithfully 
disburse according to law all such funds as shall from time to 
time come into his hands," includes not merely cash received by him, 
but also drafts and certificates of deposit which he received as cash, 
and when received would have been paid upon presentation. Reed 
V. Board of Education, 39 O. S. 635. 

Inasmuch as there is no statutory authority for the payment 
by the board of education of the premium on the bond of_ the clerk 
or treasurer of the board of education of the school district the 
expense of same may not be legall}' borne bv the board of edu- 
cation. Op. Atty. Gen. (1911), p. 430. 

Held that a member of the Ohio general assembly cannot 
serve as the clerk of the village board of education of which he is 
a member and receive a salary as such clerk. Op. Atty. Gen. (1915), 
p. 327. 



TREASURER AND CLERK OF SCHOOL DISTRICTS 



185 



Annual statis- 
tical report of 
board of edu- 
cation. 



A non resident of a school district may not hold the office 
of clerk of the board of education of said school district. Op. Atty. 
Gen. (1915), p. 2453. 

The clerk of the board of education elected by said board at its 
meeting on the first Monday in January under authority of section 
4747 G. C., as amended in 104 O. L. 133, is required before entering 
upon the duties of his office to give a bond in the amount and with 
surety to be approved by said board, payable to the state, condi- 
tioned for the faithful performance of all the official duties required 
of him. The board of education in fixing the amount of said bond 
should take into consideration the added duties which the clerk is 
required to perform under the provisions of the latter part of sec- 
tion 4782 G. C. as amended in 104 O. L. 158. Op. Atty. Gen. (1915), 
p. 2495. 

Section 4775. The clerk of each board of education 
shall prepare the annual report of the receipts and expendi- 
tures of school money and the statistical statement in refer- 
ence to the schools, required by law to be made b}^ the board, 
and transmit it to the county auditor on or before the first 
day of September. But in each school district having a 
superintendent of schools, such report, except the receipts 
and expenditures of money, shall be made by the superin- 
tendent. 

HISTORY.— R. S. § 4052; 70 v. 195, § 82; 85 v. 1&4, 91 v. 368. 

Section 4776. Except city districts, the board of edu- Publication of 
cation of each district shall require the clerk of the board rSd™ts"an°f 
annually, ten days prior to the election, to prepare and post expenditures 
at the place or places of holding such elections, or publish ^ 
in some newspaper of general circulation in the district, an 
itemized statement of all money received and disbursed by 
the treasurer of the board, within the school year next 
preceding. 

HISTORY.— R. S. § 4053; 70 v. 195, § 66; 97 v. 368. 

Held that a city school district is not authorized to pay for 
publication in a newspaper of a statement of receipts and expend- 
itures for the year and that where this has been done the members 
of the board of education who voted in favor of such publication 
and for paying for same are guilty of misfeasance in office and 
are subject, under the provisions of section 286 G. C., to civil action 
for the recovery of the money paid to the newspaper for such pub- 
lication. Held, however, that the president, clerk and treasurer of 
the board of education acting in good faith in carrying out the 
order of the board of education are not liable for such illegal pay- 
ment. Op. Atty. Gen. (1911), p. 272. 



Section 4777. At the expiration of his term of office, 
each clerk shall deliver to his successor all books and papers 
in his hands relating to the affairs of his district, including 
certificates and copies thereof, and reports of school statis- 
tics, filed by teachers. 

HISTORY.— R. S. § 4054; Vo v. 195, § 84. 



Clerk to de- 
liver hooks, 
etc., to suc- 
cessor. 



Section 4778. The auditor of each county shall fur- How treasurer 
nish to the clerk and treasurer of each school district in his f"^ ^^^^^ t° 

1111111 1 1- 1 - keep accounts. 

county a suitable blank book, made accordmg to the torm 
prescribed by the bureau of inspection and supervision of 



i86 



TREASURER AND CLERK OF SCHOOL DISTRICTS 



Clerk's 
account. 



Treasurer's 
account. 



Compensation 
of treasurer 
and clerk. 



public offices, in which each must keep an account of the 
school funds of his district. 

HISTORY.— R. S. § 4055; 70 v. 195, § 84; 97 v. 368. 

Section 4779. The clerk's account shall show the 
amounts certified by the county auditor to be due the dis- 
trict, all sums paid to the treasurer from other sources on 
his order, and all orders drawn by him on the treasurer, 
upon what funds and for what purposes drawn. 

HISTORY.— R. S. § 4055; 70 v. 195. § 84; 97 v. 368. 

Section 4780. The treasurer's accounts shall show the 
amounts received from the county treasurer, all sums re- 
ceived from other sources on the order of the clerk, the 
amounts paid out, and from what funds and for what pur- 
poses paid. A separate account of each fund must be kept, 
and each account balanced at the close of the school year, 
and the balance in the treasurer's hands belonging to each 
fund shown. 



HISTORY.— R.S. § 4055; 



195, § 84; 97 v. 368. 



Section 4781. The board of education of each school 
district shall fix the compensation of its clerk and treasurer, 
which shall be paid from the contingent fund of the district. 
If they are paid annually, the order for the payment of 
their salaries shall not be drawn until they present to the 
board of education a certificate from the county auditor 
stating that all reports required by law have been filed in 
his office. If the clerk and treasurer are paid semi-annually, 
quarterly, or monthly, the last payment on their salaries 
previous to August thirty-first, must not be made until all 
reports required by law have been filed with the county 
auditor and his certificate presented to the board of educa- 
tion as required herein. 

HISTORY.— R. S. § 4056; 70 v. 195, § 49; SO v. 95; 85 v. 194; 97 v. 368. 

Contrary to the general rule of policy that a member of_ a 
board may not hold a salaried position under such board, special 
provision of statute makes it possible for a member of the board of 
education to serve as its clerk and receive the salary for both po- 
sitions. Op. Atty. Gen. (1911), p. 1089. 

Held upon consideration of the provisions of sections 4763 to 
4784 G'. C. that the clerk of the board of education can receive 
extra compensation for performing the duties of treasurer of 
such board, and that the board of education has the legal right to 
fix the compensation of such clerk when he is required to perform 
the added duties of the treasurer of the board of education because 
such treasurer is dispensed with under the provisions of section 
4782 G. C. Op. Atty. Gen. (1914), p. 1202. 

A member of the general assembly of Ohio cannot serve as 
the clerk of the village board of education of which he is a mem- 
ber and receive a salary as such clerk. Op. Atty. Gen. (1915), 
p. 327. 

Held that the clerk of a board of education which has dis- 
pensed with its school treasurer under authority of section 4782 G. 
C., is not entitled to the compensation and mileage formerly allowed 
to said treasurer under authority of section 4771 G. C. for makin'? 
the annual setdement with the countv auditor as required by the 
provisions of section 4770 G. C. Op. Attv. Gen. (1915), p. 1073. 



TREASURER AND CLERK CJE SCHOOL DISTRICTS 187 

Section 4782. When a depository has been provided when treas 



for the school moneys of a district, as authorized by law, 
the board of education of the district shall dispense with a witiT 
treasurer of the school moneys belonging to such school 
district. The clerk of the board of education of such district 
shall perform all the services, discharge a'l the duties and 
be subject to all the obligations required by law of the 
treasurer of such school district. 

HISTORY.— R. S. § 4042a; 99 v. 206; 104 v. 158 (159); 108 v. Pt. I 
704 (708). 

Under section 4782 G. C. where a school district depository is 
established by the board of education, the clerk performs the duties 
of the treasurer, and a member of the school board duly elected 
as clerk of such board may in this case perform such duties. Op. 
Atty. Gen. (1912), p. 1776. 

The clerk of the board of education can receive extra com- 
pensation for performing the duties of the treasurer of such board 
where the treasurer has been dispensed with by the board of edu- 
cation under section 4782 G. C., and such board has the legal right 
to fix the compensation where he is required to perform the added 
duties of the treasurer. Op. Atty. Gen. (1914), p. 1202: 

Held that if a board of education fails to establish a deposi- 
tory as required by section 4782 G. C., then an action in mandamus 
lies against such board to compel such board to comply with the 
provisions of said section and that any person interested in the 
schools may bring such action in the name of the state as provided 
in sections 12286 and 12287 G. C. Op. Atty. Gen. (1914) p. 1475. 

It is necessary for the clerk of the school board to give a new 
bond when such clerk assumes the dutv of the treasurer of the 
school funds. Op. Atty. Gen. (1914), p. 1765. 

Where a board of education of a city school district has pro- 
vided a depository for the funds of such district and has dispensed 
with the position of treasurer of said funds by authority of Section 
4782 G. C., the clerk of said board, having succeeded to the duty 
of tr/sasurer of said funds under provision of the latter part of 
Section 4782 G. C, is treasurer of the library fund of said district 
provided for in Section 4782 G. C. 

In a village or rural school district where the board of educa- 
tion has not provided a depository for the school funds, the county 
treasurer being treasurer of the funds of such school district, be- 
comes, under the provision of the latter part of Section 4763 G. C. 
the treasurer of the library fund of said school district. 

Where the board of education of a village or rural school 
district has provided a depository for the funds of said school 
district and has dispensed with the position of treasurer of said 
funds under authority of Section 4782 G. C., the clerk of said 
school district having succeeded to the duties of treasurer of said 
board becomes treasurer of the library fund of said school district. 
Op. Atty. Gen. (1915), p. 2309. 

The clerk of a board of education elected by said board at its 
meeting on the first Monday in January under authority of Section 
4747 G. C., as amended 104 O. L. 133, is required before entering 
upon the duties of his office to give a bond in an amount and 
with surety to be approved by said board, payable to the state, 
conditioned for the faithful performance of all the official duties 
required of him. The board of education in fixing the amount of 
said bond should take into consideration the added duties which 
the clerk is required to perform where the treasurer is dispensed 
with by the board under authority of the latter part of Section 
4782 G. C., as amended 104 O. L. 158. Op. Atty. Gen. (1915), p. 
2495. 

Where a depository has been provided by a city board of edu- 
cation for its school funds as authorized by law the board of 
education of the city must dispense with the treasurer and the clerk 



urer of school 
fund dispensed 



1 88 TRKASUKER AND CLERK OF SCHOOL DISTRICTS 

of the board of the city school district performs all the services 
and duties of such treasurer. Op. Atty. Gen. (1915), p. 71. 

In a city school district in which a school teachers' pension 
fund has been established, and, in which the board of education 
has not provided a depository for the school funds, or having 
provided a depository, has not dispensed with the treasurer 
of said board under authority of Section 4782 G. €., as amended 
104 O. L. 158, the city treasurer being exofficio treasurer of the city 
school district, is treasurer of the school teachers' pension fund 
provided for by Section 7875 et seq. G. C. 

In a village or rural school district in which a teachers' pen- 
sion fund has been established and in which the board of educa- 
tion has not provided a depository for the funds of said district in 
the manner provided by law, and has not dispensed with the treas- 
urer of said funds under authority of Section 4782 G. C. as amended, 
the county treasurer being exofficio treasurer of the school funds 
of said district, is the treasurer of said school teachers' pension 
fund. 

In a school district in which a school teachers' pension fund 
has been established and is being maintained, and in which the 
board of education has provided a depository for the school funds 
in the manner authorized by law, and has dispensed with the treas- 
urer of said funds under authority of said Section 4782 G. C, the 
clerk of said board, who is performing all the services and dis- 
charging! the duties of the treasurer of such school district, is 
treasurer of said school teachers' pension fund. Op. Attv. Gen. 
(1916), p. 266. 

In such case where the clerk of the school district is legally 
acting as the treasurer of the school district, under provision of 
this section, neither the board of education nor the board of trustees 
of said school teachers' pension fund has any authority in law to 
provide a depository for said fund for the purpose of relieving the 
clerk-treasurer as custodian of said fund of any and all liability 
incident to the care and custody of moneys belonging to such 
school teachers' pension fund. Op. Atty. Gen. (1916). p. 1092. 

Where a depository has been provided for the school moneys, 
the clerk of said board becomes acting treasurer, and while the 
language of Section 4782 G. C, 104 O. L. 159, is directory, yet there 
is in such case no provision of law for the selection of a school 
treasurer by the board of education. Op. Atty. Gen. (1917), p. 228. 

Where a board of education has advertised and used every 
effort to obtain bids for the deposit of its school funds, and such 
board has been unable to secure bids the city treasurer in city 
school districts and the county treasurer in rural and village dis- 
tricts becomes the custodian of the funds of the board of education. 

If the funds of a city school district were left in the custody 
of the city treasurer, and the funds of a rural school district in 
the custody of the county treasurer, the boards of education of 
such respective school districts are legally entitled to receive 
the depository interest for any profits arising from the deposit 
of such funds by such officials. 

Banks which accept deposits of school funds or funds of a 
public character are liable for the interest earned and profits 
arising from the deposit of such funds', even though thev have 
refused to bid. for same. Op. Atty. Gen. (1918), p. 1043. 

See Opinions of Attorney General as follows : 

No. 1813 (1921), cited under Sec. 7694; 

No. 2844 (1922), cited under Sec. 4763. 

No. 3140 (1922), cited under Sec. 7690. 



When clerk 



Section 4783. When the treasurer is so dispensed 
the^duSs^o? with, all the duties and obligations required by law of the 
treasurer. county auditor, couuty treasurer or other officer or person 

relating to the school moneys of the district shall be com- 
plied with by dealing with the clerk of the board of educa- 



TKEASURliR AND CLI:RK UF SCHOOL IJISTRLCTS 189 

tion thereof. Before entering- upon such duties, the clerk 
shall give an additional bond equal in amount and in the 
same manner prescribed by law for the treasurer of the 
school district. 

HISTORY.— R. S. § 4042a; 99 v. 206. 

The clerk of a board of education elected by said board at its 
meeting on the first Monday in January under authority of Section 
4747 G. C, as amended 104 O. L. 133, is required before entering 
upon the duties of his office to give a bond in an amount and with 
surety to be approved by said board, payable to the state, conditioned 
for the faithful performance of all the official duties required of 
him. The board of education in fixing the amount of said bond 
should take into consideration the added duties which the clerk is 
required to perform where the treasurer is dispensed with by the 
board under authority of the latter part of Section 4782 G. C., 
as amended 104 O. L. 158. Op. Atty. Gen. (1915), p. 2495. 

Section 4784. If for any reason, a depository in such where moneys 
district ceases to act as custodian of the school moneys, placed when 

1 1 11 1 1 1-1 r 1 r ^ depository 

they shall be placed m the custody of the treasurer of the ceases to act. 
city or county in which the school district is located as 
provided in section 4763. Such moneys shall be held and 
disbursed by the treasurer in all respects as required by law 
until another depository is provided for such moneys. 
Thereupon he shall place such money in the depository and 
his duties and obligations relating thereto shall then cease. 

HISTORY.— R. S. § 4042a; 99 v. 206; 104 v. 158 (159). 

Section 2607. Each year, as soon after the assessors Annual report 
have made their returns as practicable, the county auditor ^J ^^^^^^ ^ll^^'^ 
shall make and forward to the auditor of state a statement amount of tax 
showing the number of sheep killed or injured by dogs, school fund. 
the aggregate loss sustained thereby, the amount paid there- 
for from the tax on dogs, the amount of that fund remain- 
ing in the treasury, and the amount, if any, transferred to 
the school fund. 

HISTORY.-R. S. § 1052; 74 v. 179, § 11. 

A per capita tax on dogs is not forbidden bv the state con- 
stitution: Hoist V. Roe, 39 O. S. 340. 



Section 3273. At such December meeting the treas- t 



reasurer 



urer shall settle with the board of education of the town- ^^•"'^'^^^^ . 

1 • 1- • 1 r 1 • 1 r 1 ^^th boara of 

ship district, and for this purpose the treasurer of the education. 
township and the clerk and president of the board of 
education of the township district shall attend the meeting. 

HISTORY.— R. S. § 1158; 51 v. 1?9, § 15; S- &: C lo6S; 90 v. 98; 
98 V. 333. 

Section 3315. At such March meeting, and at the Examination 
expiration of the term of office of each treasurer, if the officers^^fa°if 
president and clerk of the board of education of the town- to attend, 
ship school district fail to attend as provided by law on 
or before the hour of one o'clock in the afternoon, the 
trustees shah proceed to count the money and examine all 
the books and vouchers of the treasurer including the 
school funds of such township district. They shall cause 



IQO miiASUKER AND CLERK OF SCHOOL DISTRICTS 

to be entered on their record, a statement setting forth the 
exact amount in each fund so found in the hands of such 
treasurer. Such record shall be signed by the trustees, 
and shall be prima facie evidence that the amount therein 
stated was actually in the treasury at that date. 

HISTORY.— R. S. § 1511; 91 v. 11; 58 ^^. 90, § 1; S. & S. 909. 



I 



CHAPTER 12 
PUBLIC SCHOOL ELECTIONS 



Section 

4838. Members of board of education, when 
elected. 

Notice of school elections. 

Qualifications of electors. 

Offices for which women may vote and 
be voted for. 

Registration of women. 

Time of holding primaries for nominat- 
ing candidates for board of educa- 
tion. 

Nomination of candidates for board of 
education. 

Publication of names of nominees for 
board of education. 

When_ and where certificates of nomi- 
nation papers shall be filed. 

When certificates and nomination 
papers deemed valid. 

Consideration of objections and other 
questions to nominations. 

Vote of at least three deputy state 
supervisors necessary to decide ques- 
tion ; submission to state supervisor. 

Notice of objections to be given can- 
didate. 

How vacancy after nomination filled. 

Names of candidates -to be placed on 
same ballot. 

Other questions to be submitted on 
separate ballot. 



4839 
4861 
4862 

4&^I0 
4963 



4997. 
4998. 



5004. 



500G. 



5C07. 



5008. 



5010 
5016 



5:20. 



Section 

5029. When separate ballots to be provided 
for each precinct. 

5031. When territory annexed to village for 

school purposes separate ballots, etc., 
to be provided for school elections. 

5032. Names of candidates for board of edu- 

cation to be on independent and 
separate ballot without party desig- 
nation. 

5033. How ballot for election of school board 

to be printed. 

5034. How ballots in city school districts to 

be printed. 
5049. Separate ballot box, poll book and tally 

sheets for school elections to be 

provided. 
5052. How election expenses are to be paid. 
5C53. How election expenses to be appor- 
tioned. 
5*^54. Tax levy to pay election expenses. 
5092. Candidate for office not to serve as 

judge or clerk of election. 
5111. How returns of November election in 

odd numbered years to be made. 
5115. Canvass of election for members of 

board of education in registration 

cities. 

5120. Canvass of vote in school elections 

generally. 

5121. How election for board of education 

determined in certain cases. 



Notice of 

school 

elections. 



Section 4838. All elections for members of boards of Election of 
education shall be held on the first Tuesday after the first fj^e^board^^of 
Monday in November in the odd numbered years. education. 

HISTORY.— R. S. § 3970-13; 97 v. 40, § 2. 

Section 4839. The clerk of each board of education 
shall publish a notice of all school elections in a newspaper of 
general circulation in the district or post written or printed 
notices thereof in five public places in the district at least ten 
days before the holding of such election. Such notices shall 
specify the time and place of the election, the number of 
members of the board of education to be elected, and the 
term for which they are to be elected, or the nature of the 
question to be voted upon. 

HISTORY.— R. S. § 3970-11; 91 v. 182; 97 v. 354, § 2. ' 

The provisions of 4839 General Code apply to elections on the 
question of centralization provided for by sections 4726 and 4726-1 
General Code. ^ Op. Atty. Gen. (1915), p. 1983. 

The provisions of section 4726 General Code as amended 104 
O. L. 139, taken in connection with the provisions of section 4839 
General Code, authorizes the calling of a special election in a rural 
school district for the purpose of submitting the question of central- 
ization to the vote of the qualified electors of such district. Op. 
Atty. Gen. (1915), p. 338. 

■ Failure to publish notice of an election for members of a board 
of education as required by section 4839 General Code will be 
treated as an irregularity only, where there is no showing that 

(191) 



192 



PUBLIC SCHOOL ELECTIONS 



the result of the vote would have been in any way changed had 
publication been made as provided by law. Op. Atty. Gen. 
(1917), p. 2182. 

Where there was failure to publish notice of an election for 
school board and a regular election was held under section 4838 
General Code, and where there were three members of the board 
to be elected and the names of six candidates appeared on the ballot, 
the three candidates receiving the highest number of votes were duly 
elected members of the board and are entitled to qualify thereon. 
Op. Atty. Gen. (1917), p. 2182. 

In an election on the question of the centralization of the 
schools of a number of rural school districts in a township, notice 
of said election must be given in each of said rural school districts 
in the manner provided by section 4839 General Code. 

Where a board of education, or other body authorized to call 
a special election under the statutes, passes a resolution providing 
for such special election, and thereafter certifies such resolution to 
the board of deputy state supervisors of elections, such board, in 
setting the time of the election, should take cognizance of the ex- 
istence of the absent voters law and the provisions of section 5080-1, 
relative to the rights of certain committees to witness the count, 
where a question or proposition has been submitted. 

Ballots to be used in any election should be prepared for use 
not less than thirty days before the day of the election at which 
the same are to be used, and an absent voter has a right to make 
application for an absent voter's ballot and cast the same in the 
manner provided by law, during the period of thirty days prior to 
the day of the election. 

Under the provisions of section 5080-1 G. C, a board of edu- 
cation should allow at least forty days to lapse between the time of 
calling such election and election day itself,' where a question is to 
be submitted to a vote of the electors and the resolution calling 
the election must be furnished to the board of deputy state super- 
visors of elections in sufficient time, prior to such election day, 
that the board of deputy state supervisors of elections may have 
such ballots available for absent voters thirty days before the election 
itself. The notice of any such special school election shall be posted 
or published at least ten days prior to the date of such election, as 
provided in section 4839 G. C. . Op. Atty. Gen. No. 1787, Jan. 14, 
1921. 



Qualifications 
of elector. 



Section 4861. Every male citizen of the United 
States, who is of the age of twenty-one years or over, and 
possesses the qualifications in regard to residence herein- 
after provided, shall be entitled to vote at all elections. 

HISTORY.— Const., Art. V, § 1. 



Offices for 
which women 
may vote and 
be voted for. 



Section 4862. Every woman, born in the United 
States or who is the wife or daughter of a citizen of the 
United States, who is over twenty-one years of age and pos- 
sesses the necessary qualifications in regard to residence 
hereinafter provided for men shall be entitled to vote and be 
voted for for member of the board of education and pres- 
idential elector and to vote and be voted for at any and all 
primaries or other elections provided for in Sections 4953, 
4954 and 4955 of the General Code and upon no other 
question. 



history.— R. S. § .3970-12; 91 v. 182; 
Pt. I 699; 108 v. Pt. II 1100. 



V. 3.54 , 



108 V. 



Registration Section 4940. The provisious of this chapter relating 

of women. |-q registration shall apply to women upon whom the right 

to vote for member of the board of education or presiden- 



PUBLIC SCHOOL ELECTIONS 



193 



tial elector is conferred by law, but the names of such 
women may be placed on a separate list. 

HISTORY.— R. S. § 3970-12; 91 v. 182; 97 v. 854, § 3; 107 v. 7; 108 v. 
Pt. I 699. 

Section 4963. Primaries under this chapter to nomi- 
nate candidates for members of the house of representatives 
in the congress of the United States, and for all elective state, 
district and county offices, and to select committeemen, shall 
be held in each county at the usual polling places on the sec- 
ond Tuesday in August of the even numbered years; and 
primaries under this chapter to nominate candidates for 
township and municipal offices, justices of the peace and 
members of boards of education shall be held in each county 
at the usual polling places on the second Tuesday in August 
of the odd numbered years : Provided, however, that in a 
municipality organized under any of the provisions of sec- 
tions 3515-1 to 3515-71, both inclusive, of the General Code 
and in townships lying wholly within and the boundaries of 
which are co-extensive with the boundaries of such munici- 
pality, primaries under this chapter to nominate candidates 
for all offices not provided for in the plan of government 
under which such municipality is organized shall be held 
in such municipality at the usual polling places on the same 
day on which primary elections are held to nominate the 
officers, of such municipality provided for in its plan of gov- 
ernment. Primaries to nominate candidates for United 
States senator shall be held on the second Tuesday in August 
of the years in which such senators are to be elected. 

HISTORY.— 99 v. 214. § 11; 100 v. 7, § 11; 103 v. 476 (481); 104 v. 8 
(9) ; 107 V. 400. This section as amended -in 104 v. 8 (9) was in effect 
January 1, 1914. 

Section 4997. Nominations of candidates for the office 
of member of the board of education shall be made by nom- 
inating papers signed in the aggregate for each candidate by 
not less than tweny-five qualified electors of the school dis- 
trict, of either sex, in village districts, and in city school dis- 
tricts by not less than two per cent, of the electors voting at 
the next preceding general school election in such city school 
districts. 



PIISTORY.-R. s. 



3897a; 92 v. 349; 



V. 305; 97 v. 340; 103 v. 275 



(279). 

Section 4997 General Code and other sections of the so-called 
Jung small school-board law, applying to city school districts, were 
held constitutional in the case of State, ex rel., vs. Evans, 90 
O. S. 243. 

Where a person filed a nomination petition for member of the 
board of education, which had less than 25 signers thereon, and 
where no objections thereto were filed or considered, and the deputy 
state supervisor of elections, irrespective of the number of signers, 
placed the name on the ballot, and at the election such person re- 
ceived the highest number of votes, he was duly elected as a member 
of said board of education, and irregularities in the making of the 
nomination would not affect the validity of his election. Op. Atty. 
Gen. (1918), p. 10. 

Where the nomination papers of a candidate for member of a 
village school board did not contain a sufficient number of signa- 
ls s. L. 



Time of hold- 
ing primaries 
for state, dis- 
trict and 
county can- 
didates. 



Primaries for 
township and 
municipal canH 
didates. 



Primaries in 
municipalities 
under optional 
plan of gov- 
ernment. 



Primaries for 
nomination of 
U. S. senator. 



How nomina- 
tions made. 



194 PUBLIC SCHOOL ELECTIONS 

tures, no objections being raised and said candidate having been 
certified as nominated and elected, his election will not be invalid 
on account of the irregularity in his nomination. Op. Atty. Gen. 
(1920), p. 13. 

Names of SECTION 4998. When nominations of candidates for 

wT^pub^°^ member of the board of education have been made by nomi- 
lished. nation papers filed with the board of deputy state super- 

visors, as herein provided, such board of deputy state super- 
visors shall publish on two different days prior to the elec- 
tion a list of the names of such candidates in two news- 
papers of opposite politics in the school district, if there is 
such printed and published therein. If no newspaper is 
printed in such school district, the board shall post such list 
, in at least five public places therein. 

HISTORY.— R. S. § 38&7a; 92 v. 149; 94 v. 305; 97 v. 340. 

Where and SECTION 5004. Certificates of nomination and nomina- 

te? of "nomi-^io^ papers of candidates shall be filed as follows : 
nom°iSat?"n ^or State officers, presidential electors. United States 

papers shall senator and congressman-at-large, with the state supervisor 



be filed. 



of elections in the manner following. All petitions signed in 
any county of the state shall be filed with the board of deputy 
state supervisors of elections of such county prior to the 
sixtieth day before the date of the election and shall remain 
open to public inspection in the office of such board for a 
period of five days immediately prior to the fifty-fifth day 
before such election, during which time objections may be 
filed thereto and the same heard by such board, which shall, 
on or before the fiftieth day before such election, transmit 
such petitions and objections, if any, to the state supervisor 
of elections together with a copy of their findings on such 
objections, if any, and a certificate stating the number of 
bona fide electors of such county whose names appear at- 
tached thereto ; 

For offices to be filled by the electors of a district, or sub- 
division of a district, composed of two or more counties, with 
the chief deputy state supervisor of the county in the dis- 
trict, or subdivision, containing the greatest number of in- 
habitants, as ascertained by the last federal census, not less 
than sixty days previous to the day of election. 

For county offices or offices to be filled by the electors of 
a district lying within a county, with the board of deputy 
state supervisors of the county, not less than sixty days pre- 
vious to the date of election ; 

For township or municipal officers, justices of the peace, 
or members of the board of education, with the board of 
deputy state supervisors of the county, not less than sixty 
days previous to the date of election ; 

For municipal officers and for members of boards of ed- 
ucation in municipalities, situated in two or more counties, 
with the board of deputy state supervisors of the county 



PUBLIC SCHOOL ELECTIONS 



195 



valid. 



containing the majority population of such municipality, not 
less than sixty days previous to the day of election. 

HISTORY.— R. S. § 2966-22; 88 v. 456, § 13; 89 v. 435; 90 v. 269; 93 v. 
189; 97 V. 227, § 0; 102 v. 414; 103 v. 843 (844); 104 v. 8 (10). 

Under the provisions of Section 5004, General Code, the period 
for filing nominating petitions does not expire until the end of the 
60th day previous to the day of election, and it is the duty of the 
board of deputy state supervisors of election to provide opportunity 
for the presentation of such petitions up to midnight of that day. 

A nominating petition of one seeking to qualify as a candidate 
at an election to be held on November 2, may be filed as late as 
September 3. State, ex rel., vs. Board of Deputy State Supervisors, 
93 O. S. 14. 

Under the provisions of section 5004 General Code the period 
for filing nominating petitions does not expire until the end of the 
sixtieth day previous to the day of election; and it is the duty of the 
board of deputy state supervisors of elections to provide opportunity 
for the presentation of such petitions up to midnight of that day. 
State, ex rel., vs. Board of Deputy State Supervisors, 93 O. S. 14. 

Where a statute requires that an act be performed a fixed 
number of days previous to a specified day, the last day should 
be excluded and the first day included in making the computation. 
State, ex rel., vs. Board of Deupty State Supervisors, 93 O. S. 14. 

Section 5005. When so filed, certificates of nomination when certifi- 
and nomination papers shall be preserved and be open, under nomfnatSn 
proper regulations, to public inspection. If in apparent con- papers deemed 
formity with the provisions of this chapter, they shall be 
deemed to be valid unless objection thereto is duly made in 
writing within five days after the filing thereof. 

HISTORY.— R. S. § 2966-23; 88 v. 456, § 13; 89 v. 435; 90 v. 270; 97 v. 
227, § 10. 

Section 5006. Such objections or other questions, aris- 
ing in the course of the nomination of candidates, shall be 
considered as follows: 

For state officers, United States senator, congressman- 
at-large and presidential electors, by the state supervisor of 
elections, and his decision shall be final; 

For district offices or offices in a subdivision of a dis- 
trict, by the chief deputies and clerks of the boards of deputy 
state supervisors of the several counties comprising the dis- 
trict or subdivision, and their decision shall be final; 

For county offices and offices of a district lying within a 
county, by the board of deputy state supervisors of the 
county and its decision shall be final; 

For township or municipal offices, justices of the peace, 
or members of the board of education, by the board of 
deputy state supervisors of the county, and its decision shall 
be final; 

In municipalities situated in two or more counties, such 
objections or other questions may be submitted by the board 
of deputy state supervisors of the county where filed, 
directly to the state supervisor, and his decision shall be 
final. 



Consideration 
of' objections 
and other 
questions to 
nominations. 



HISTORY.— R. S. § 2966-23; 88 v. 456, 
227, § 10; 103 v. 843 (844); 104 v. 8 (10). 



§ 13; 89 V. 435; 90 v. 270; 97 v. 



_A board of deputy state supervisors of a county has the au- 
thority to reject and refuse to act upon nominating petitions which 



J96 PUBLIC SCHOOL ELECTIONS 

clearly are not in conformity with the requirements of the law, 
although no objections to such petitions have been filed. State ex 
rel. V. Lloyd 93 O. S. 20. 

A court will not compel a board of state deputy supervisors to 
hear and determine objections to the nomination of candidates for 
office, the determination of which requires a recount of the ballots 
cast at the primary election, where the written objections are filed 
after the time fixed by statute for the destruction of the ballots. 
State ex rel. v. Swan, 91 O. S. 61. 

The decision of the Secretary of State acting as state super- 
visor of elections, upon all questions arising in the course of nomi- 
nation of candidates for office, is final. State ex rel. v. Joyce 87 
O. S. 126; Chapman v. Miller, 52 O. S. 166; Randall v. State. 
64 O. S. 57. 

Miajority nee- SECTION 5007. The votcs of at least three deputy state 

essary. supervisors for the county or a majority of the chief deputies 

and clerks of the district or subdivision of the district shall be 

necessary to a decision. In all cases under this title in the 

event of a disagreement, or, if no decision can be arrived at, 

Questions may the matter in controversy shall be submitted to the state su- 

& the^"tate^ pcrvisor of elections, who shall summarily decide the ques- 

supervisor in tiou SO Submitted to him, and his decision shall be final. 

cases of dis- 
agreement. HISTORY.— R. S. § 2966-23; 88 v. 456, § 13; 89 v. 435; 90 v. 270; 97 v. 
227, § 10; 103 v. 843 (845). 

Notice of Section 5008. When any such objection is so made, 

be''^gfveS. "^^^^* or any question so arises, notice thereof shall forthwith be 

mailed to the candidates affected thereby and to any party 

committee especially interested. 

HISTORY.— R. S. § 2966-23; 88 v. 456, § 13; 89 v. 435; 90 v. 270; 97 v. 
^7, § 10. 

Vacancy by Section 5010. If a pcrsou nominated as herein pro- 

death,^ with- vided die, withdraw, or decline the nomination, or if a certi- 
ficate of nomination is insufficient or imperfect, the vacancy 
thus occasioned, may be filled or the defect corrected in the 
manner required for original nominations. Such nomination 
to fill a vacancy, or corrected certificate must be certified to 
the secretary of state at least thirty days or to the board of 
deputy state supervisors at least twenty-five days previous 
to the day of election. If, when the original nomination was 
certified, there was certified a committee authorized to repre- 
sent the party, as herein provided, it may fill such vacancy. 

history.— R. S. § 2966-24; 88 v. 457, § 13; 89 v. 436; 90 v. 270, § 11; 
102 V. 414. 

There being no nomination to fill the vacancy created by the 
withdrawal of a candidate, after the form of the ballot to be used 
at the approaching election has been sent to the deputy supervisors 
of elections they may properly refuse to omit the name of such 
candidate from the ballot. State ex rel. v. Taylor, 55 O. S. 385. 

Names of can- SECTION 5016. Except as in this chapter provided, the 

didates shall names of all candidates to be voted for on the first Tuesday 
sfm? ^ballot." after the first Monday in November shall be placed upon the 
same ballot. 

history.— R. S. § 3970-14; 97 v. 40, § 3; 99 v. .399, § 3. 



PUBLIC SCHOOL ELECTIONS 



197 



Section 5020. When the approval of a question, other 
than a constitutional amendment, is to be submitted to a vote, 
such question shall be printed on a separate ballot and de- 
posited in a separate ballot box, to be presided over by the 
same judges and clerks of election. 

HISTORY.— R. S. § 2966-32; S8 v. 458, § li; 89 v. 440; 97 v. 231, § 18. 

More than one question, which may be .properly submitted to 
a vote of the people at the same election, may be placed on one 
ballot. Op. Atty. Gen. (1915), p. 630. 

Section 5029. In election precincts composed of a 
township or a part thereof, or a municipality or a part there- 
of, there shall be provided for all elections separate ballots 
for each precinct, so as to enable electors residing in such 
precinct to cast their votes for the proper candidates in such 
precinct; and there shall be provided separate ballots for 
each district portion of such precinct w^hich shall contain the 
names of the candidates for members of the board of edu- 
cation for whom electors residing in such districts are 
entitled to vote. 

S. § 2966-28; 8S v. 451, § 6; 89 v. 438, § 15; 90 v. 272; 



HISTORY.— R. 
V. 291; 97 v. 229; 9 



§ 2966-28; 
234, § 15. 



Section 5031. When a territory annexed to a village 
for school purposes is included within such village precinct, 
separate ballots, ballot box, poll books and tally sheets shall 
be provided for such voters in municipal elections, presided 
over by the judges and clerks of elections of such precinct. 

HISTORY.— R. S. § 2966-28; 88 v. 451, § 6; 89 v. 438, § 15; 90 v. 272; 
91 V. 291; 97 v. 229; 98 v. 234, § 15. 

Section 5032. The names of candidates for members 
of the board of education of a school district, however nomi- 
nated, shall be placed on one independent and separate ballot 
without any designation whatever, except for member of 
board .of education and the number of members to be elected. 

HISTORY.— R. S. § S970-10a; 91 v. 182; 97 v. 354; 98 v. 116, § 1. 

Section 5033. The ballots for members of the board 
of education shall be prepared and printed as follows : The 
whole number of ballots to be printed for the school district 
shall be divided by the nuniber of candidates for member of 
board of education of the district, and the quotient so obtained 
shall be the number of ballots in each series of ballots to be 
printed. The names of candidates shall be arranged in al- 
phabetical order and the first series of ballots printed. Then 
the first name shall be placed last and the next series printed, 
and so shall the process be repeated until each name shall 
have been first. These ballo-ts shall then be combined in tab- 
lets with no two of the same order of names together, ex- 
cept when there is but one candidate. 

HISTORY.— R. S. § 3970-1 Ob; 98 v. 116, § 2. 

Section 5034. In city school districts, the ballots 
for each subdistrict shall contain the names of the candidates 
for member of the board of education from such subdistrict 
and also the names of the candidates to be elected at large. 

HISTORY.— R. S. § 3970-10; 91 v. 182; 97 v. 354, § 1. 



When other 
question is 
submitted. 



Separate bal- 
lots for each 
precinct. 



Territory an- 
nexed for 
school pur- 
poses. 



Ballots for 
school board. 



How ballots 
for school 



board 



ited. 



School dis- 
tricts in 
cities. 



198 



PUBLIC SCHOOL ELECTIONS 



Poll books and 
tally sheets for 
school elec- 



Election ex- 
penses, how 
paid. 



Apportion- 
ment of ex- 
penses. 



Tax levy. 



Section 5049. There shall be separate poll books and 
tally sheets for all elections for school purposes and the 
ballots of the electors at such elections shall be deposited 
in a separate ballot box. 

HISTORY.— R. S. § 3970-10; 91 v. 182; 97 v. 354, § 1. 

Section 5052. All expenses of printing and distribut- 
ing ballots, cards of explanation to officers of the election 
and voters, blanks, and other proper and necessary ex- 
penses of any general or special election, including com- 
pensation of precinct election officers, shall be paid from 
the county treasury, as other county expenses. 



HISTORY.— R. S. § 2966-27; 91 v. 243; 90 v. 271; 
451, § 5; 99 V. ^, § 14. 



V. 438; 88 v. 



This section is cited and applied in the case of Barker et al 
V. City of Akron, 98 O. S. 446. 

Under section 5052 General Code provision is made for the 
payment of school elections by the county, and there is no authority 
to charge back such expense against the special school district 
wherein such special election is held. 

The statutes expressly provide further, that in a registration 
city, the cost of registration, and the renting and furnishings of 
voting places, and the cost of poll books for precincts in the city, 
shall be paid by the city. Therefore, such expenses vs^ill be borne 
by a registration city when a city school district consisting of terri- 
tory within such citv holds a special school election, and the balance 
of the expenses of said election will be paid by the county. Op. 
Atty. Gen. (1912), p. 1642. 

This section held to be constitutional by the supreme court 
on a divided vote. Barker v. City of Akron, 98 O. S. 446. 

Section 5053. In November elections held in odd 
numbered years, such compensation and expenses shall be a 
charge against the township, city, village or political division 
in which such election was held, and the amount so paid by 
the county shall be retained by the county auditor from 
funds due such township, city, village or political division, 
at the time of making the semi-annual distribution of taxes. 
The amount of such expenses shall be ascertained and ap- 
portioned by the deputy state supervisors to the several 
political divisions and certified to the county auditor. In 
municipalities situated in two or more counties, the pro- 
portion of expense charged to each of such counties shall 
be ascertained and apportioned by the clerk or auditor of 
the municipality and certified by him to the several county 
auditors. 

HISTORY.— R. S. § 2966-27; 91 v. 243; 90 v. 271; 89 v. 438; 88 v. 
451, § 5; 99 v. S4, § 14. 

Section 5054. County commissioners, township 
trustees, councils, boards of education or other authorities, 
authorized to levy taxes, shall make the necessary levy to 
meet such expenses, which levy may be in addition to all 
other levies authorized or required by law. 

V. 243; 90 v. 271; 89 v. 438; 88 v. 



HISTORY.— R 

451, § 5; 99 V, 84, 



S. § 2966-27 
14. 



Under section 5054 General Code provision is made for the 
payment of school elections by the county, and there is no author- 



PUBLIC SCHOOL ELECTIONS 



199 



Election officer 
can not be 
candidate ex- 
cept for com- 
mitteman or 
delegate. 



ity to charge back such expense against the special school district 
wherein such special election is held. 

The statutes expressly provide further, that in a registration 
city, the cost of registration, and the renting and furnishings of 
voting places, and the cost of poll books for precincts in the city, 
shall be paid by the city. Therefore, such expenses will be borne 
by a registration city when a city school district consisting of ter- 
ritory within such city holds a special school election and the 
balance of the expenses of said election will be paid bv the county. 
Op. Atty. Gen. (1912), p. 1642. 

Section 5092. No person, being a candidate for an 
office to be filled at an election, other than for committee- 
man [committeeman] or delegate or alternate to any con- 
vention, shall serve as deputy state supervisor or clerk 
thereof, or as a judge or clerk of elections, in any precinct 
at such election. A person serving as deputy state super- 
visor or clerk thereof, judge or clerk of elections contrary 
to this section shall be ineligible to any office to w^hich he 
may be elected at such election. 

HISTORY.— R. S. § 2966-17; 91 v. 118; 95 v. 47; 103 v. 4«6. 

Section 51 ii. In November elections held in odd Returns of 
numbered years for township officers, justices of the peace, Jionl™n^^odd^^' 
municipal officers and members of boards of education, the numbered 
judges and clerks of elections in each precinct shall make ^^^"" 
and certify the returns to the clerk of the tov^nship or the 
clerk or auditor of the municipality in or for .which the 
election is held or the clerk of the board of education of 
the school district, respectively, instead of to the board of 
deputy state supervisors of the county. This provision 
shall not apply to the returns of elections for assessors of 
real property. 

HISTORY.— R. S. § 2966-8; 89 v. 459; 90 v. 61; 90 v. 266; 97 v. 223, § 8. 

Where in a city of less than 50,000 population three members 
are elected on the school board when only two should have been 
elected, the better way to clear up the situation is to declare that 
the two members receiving the highest number of votes are elected. 
Op. Atty. Gen. (1913), p. 1597. 

Ballots for members of township rural school district boards 
of education upon which the judges of elections are unable to agree 
as to how they should be counted should be sealed in an envelope 
for that purpose and returned with the returns of the election to 
the clerk of the board of education of the district for which such 
election is held. Op. Atty. Gen. (1915), p. 2197. 

The board of education of the district in canvassing the re- 
turns and determining the result of such election should open and 
count such ballots if the choice of the voter can be determined 
therefrom, and preserve the same for further judicial or other in- 
vestigation. If it is impossible for the board of education to de- 
termine the choice of the voter from the ballot the result of the 
election should then be determined exclusive of such ballots and the 
same preserved in like manner. Op. Atty. Gen. (1915), p. 2197. 

Section 51 15. In registration cities the returns of How returns 
the election of municipal officers, members of boards of J^^sfej^"^ '^^"J 
education or justices of the peace shall be made to the istration^ci'tfes. 
board of deputy state supervisors of the county in which 
such city is located, and canvassed bv a board of canvas- 



20O PUBLIC SCHOOL ELECTIONS 

sers, consisting of such board of deputy state supervisors 
and the city auditor. 

HISTORY.— R. S. § 296&-8; S9 v. 459; 90 v. 61; 90 v. 266; 97 v. 223, § 8. 

Canvass of SECTION 5120. In school elections, the returns shall 

d«tioSs.^*^^°°^ be made by the judges and clerks of each precinct to the 
clerk of the board of education of the district, not less than 
five days after the election. Such board shall canvass such 
returns at a meeting to be held on the second Monday after 
the election, and the result thereof shall be entered upon 
the records of the board. 

HISTORY.— R. S. § 3970-10; 91 v. 182; 97 v. 354, § 1. 

Under the provisions of section 5120 General Code the board 
of education of a school district is the authority required to can- 
vass the returns of an election on the proposition of a bond issue 
of such school district. Op. Atty. Gen. (1912), p. 507. 

Under section 5120 General Code it is the duty of the election 
officers of each precinct to make returns to the clerk of the board 
of education of the district in which such precinct is situated of the 
election for school purposes held therein, but the election officer so 
making such returns is not entitled to extra compensation therefor 
under section 5043 or other sections of the General Code. Op. 
Atty. Gen. (1917), p. 2185. 

Sections 7626 and 7627 General Code, relating to the authority 
of the board of education to issue bonds for school purposes voted 
by the electors of the school district under section 7625 General 
Code, should be read in connection with the provisions of section 
5120 General Code providing for the canvass by the board of educa- 
tion of the votes of the electors on the proposition of such bond 
issue; and the board of education should not provide for the issue 
of said bonds until such vote has been canvassed and the board has 
thereby determined that a majority of the electors voting on the 
proposition voted in favor thereof. Op. Atty. G'en. (1917), p. 1849. 

The canvass of the returns of the vote at an election in a regis- 
tration city on the proposition of a bond issue submitted by the 
board of education of the city school district is governed by the 
provisions of section 5120 General Code, and the canvass of the 
vote at such election should be made by the board of education in 
the manner therein provided and the result entered on the records of 
such board. The provisions of section 5115 General Code do not 
apply to the canvass of the returns of the vote at such election. 
Op. Atty. Gen. (1918), p. 215. 

How result ^ " SECTION 5121. In the caiivass of the vote for mem- 
clrfaiS'^i^ses!" t)^^^ ^^ ^^c board of education, or assessors of real prop- 
erty, the person having the highest number of votes shall 
be declared elected, and the next highest, and so on, until 
the number required to be elected shall have been selected 
from the number having the highest number of votes. If 
any number of persons greater than the number to be 
elected at such election have the highest and an equal num- 
ber of votes, the board making the canvass shall determine 
by lot which of the persons shall be duly elected. 

HISTORY.— R. S. §§ 3970-10, 3970-lOa; 91 v. 192; 97 v. 354, § 1; 98 v. 
116, § 1; 100 V. 81, § 1. 

Where in a city of less than 50,000 population three members 
are elected on the school board when only two should have been 
elected, the better way to clear up the situation is to declare 
that the two members receiving the highest number of votes are 
elected. Op. Atty. Gen. (1913), p. 1597. 



CHAPTER 13 
SCHOOL FUNDS 



Section 



tail. 

7578. 
7579. 

758 K 

75SO-] . 

7580-2. 

7580-3. 

7580-4. 
7680-5. 

75S0-6. 

7580-7. 

7580-8. 

7581. 

2457. 

7583. 

7.584. 

7585. 
7586. 

7.5S7. 
7587-1. 

7587-2. 

7587-3. 
7587-4. 

7587-5 . 



7597. 



r59S. 



2602. 



State tax for "educational equaliza- 
tion fund"; additional tax to be 
retained by the several counties. 

Interest upon proceeds of salt and 
swamp lands. 

Proceeds of sale of swamp lands. 

The "common school fund." 

Accounts of common school and 
ministerial funds, how kept. 

Bi-monthly notice to be given to 
commissioners of sinking fund, of 
state or common school fund and 
ministerial trust fund. 

Commissioners of sinking fund to 
draw order and warrant for bal- 
ance. 

Account of state auditor with com- 
missioners of sinking fund. 

Investment of moneys withdrawn. 

Commissioners to keep account of in- 
vestments. 

Report of investments to be made to 
auditor of state. 

Interest on account of common school 
fund and ministerial trust fund, 
how appropriated. 

Payment of interest to be made into 
treasury to credit of proper funds. 

Bequests, etc., in trust for common 
school fund. 

Bequests to county commissioners for 
educational purposes, how funds 
applied. 

Apportionment to be made in Feb- 
ruary settlement. 

Funds to be retained by county treas- 
urer. 

When county line divides township. 

Board of education to fix rate of 
taxation. 

Levy to be divided into four funds. 

Establishment and maintenance by 
board of education of replacement 
funds. 

Moneys or securities constituting re- 
placement fund. 

How replacement fund invested. 

How moneys to be drawn from re- 
placement fund. 

When replacement fund may be re- 
duced or expended. 

Educational equalization fund to be 
administered by superintendent of 
public instruction; when boards of 
education of school districts may 
apply for participation therein. 

Superintendent of public instruction 
may direct change in local school 
policy of administration as condi- 
tion of participation in educational 
equalization fund. 

Superintendent of public instruction 
to ascertain amount of money re- 
quired to supplement revenues of 
school district, and to certify 
amount to auditor of state. 

How tax rate ascertained when school 
district in two or more counties. 

Tax funds belonging to school dis- 
trict to be paid to treasurer of 
county in which situated greater 
valuation of school district. 
County auditor to open accovmt with 
school districts. 



Section 



2604. 

2605. 

2607. 
2689. 

2690. 

2691 . 

2692. 

7600. 

7600-1. 

7601. 
7602. 



7604. 
7605. 

7606. 

7607. 

7608. 
7609. 

2288-1 . 
7610. 
7610-1 . 



7611. 
7612. 



8369. 

2924. 
5814. 

9405. 

9591. 

12340, 

12S48. 

12465. 
12466. 
13007. 



County auditor to forward to state 
auditor annual abstract of funded 
and unfunded indebtedness of 
school district. 

Penalty for neglect to make such re- 
turn. 

Dog tax transferred to school fund. 

Payments by county treasurer to local 
school district treasurer. 

When funds of school district may re- 
main in county treasury. 

School moneys not to remain in 
county treasury other than accord- 
ing to law. 

Advanced payment -by county treas- 
urer to treasurer of board of edu- 
cation. 

County auditor to apportion school 
fund for each semi-annual settle- 
ment with county treasurer. 

Apportionment of school funds to 
parts of districts; how distribution 
made. 

Distribution of money after appor- 
tionment. 

How apportionrnent made when 
county line divides original sur- 
veyed township. 

What certificate of apportionment fur- 
nished by county auditor to treas- 
urer and clerk of school district 
must show; how proceeds of levy 
of 2.65 mills under section 7575 to 
be employed. 

Board of education to provide deposi- 
tories for school funds. 

How^ deposits made when district con- 
tains two or more banks. 

Bids by banks for school moneys. 

Districts containing less than two 
banks. 

What resolution to contain. 

When treasurer relieved _ of liability. 
When board of education liable. 

First mortgage loans may be accepted 
as security for deposit of public 
moneys. 

County commissioners to make tax 
levy for school district on failure 
of board to do so. 

Upon failure of board of education to 
perform duties required by law, 
same to be performed by county 
board of education. 

Personal liability of board members. 

County auditor to collect fines and 
other moneys for support of com- 
mon schools in county, and pay 
same over to county treasurer. 

Disposition of proceeds of sale by 
common carriers. 

Injuries to timber on school lands. _ 

How penalties collected and disposition 
thereof to school fund. 

Penalty to be paid into common school 
fund. 

Forfeitures to be paid into state com- 
mon school fund. 

Limitations on action to forfeit char- 
ter of corporation. 

Disposition of fines in quo warranto 
proceedings. 

Sale of unclaimed stolen property. 

Proceeds of sale in school fund. 

Fines paid into school fund, accruing 
from offenses against minors. 



(201) 



202 



SCHOOL FUNDS 



Educational 
equalization 
fund; addi- 
tional for 
county. 



Section 7575. For the purpose of affording the ad- 
vantages of a free education to all the youth of the state, 
there shall be levied annually a tax of fifteenth hundredths 
of one mill on the grand list of the taxable property of the 
state, to be collected as are other state taxes and the pro- 
ceeds of w^hich shall constitute the "educational equaliza- 
tion fund," and an additional tax of tv^o and sixty-five 
hundredths mills, the proceeds of which shall be retained in 
the several counties for the support of the schools therein. 

HISTORY.— R. S. § 3951; 70 v. 195, § 126; 88 v. 159; 92 v. 69; 9i v. 
81; 95 V. 439; 98 v. 256; 102 v. 266; 105 v. 5; 108 v. Pt. II 1303 (1306); 109 v. 148. 
For the time at which the amendment of this section in 108 v. Pt. II 1303, 
takes effect, see 108 v. Pt. II 1303 (1313), § 3. 

A former statute authorizing a special school tax in one 
county of the state was held to be unconstitutional in the case of 
Root V. Board of Education, 52 O. S. 589. 

Held under consideration of the Smith one per cent law 
(section 5649-2 et seq. G. C), that the respective levies for county, 
township, municipal and school purposes are exclusive of the levies 
for state purposes; but that levies for all these purposes, together 
with the state levies, must not exceed in a given taxing district the 
ten and fifteen mills limitations respectively imposed under the 
different sections of the Smith one per cent tax law. Op. Atty. 
Gen. (1911), p. 1614. 

Held under -consideration of this and cognate provisions of the 
General Code that the tuition fund in the hands of a board of edu- 
cation is in the nature of a trust fund and that moneys in said 
fund cannot be transferred to other funds except in the manner 
specially provided by law. ^ Held further that the common pleas 
court has power under section 2296 et seq. G. C., to authorize such 
transfer when no injury will result therefrom, but that in view of 
the peculiar nature of the tuition fund such action would be justi- 
fied only in exceptional cases. Op. Atty. Gen. (1912), p. 1206. 

The failure of the auditor of state formally to certify the 
one-mill levy for school purposes to be retained in the county under 
section 7575, General Code, among the "state taxes," for the reason 
that it is not to be settled for with other state taxes, does not 
justify the county auditor in refusing to extend the levy on the tax 
duplicate of the county nor in omitting to include the amount of 
such levy with other state taxes for the purpose of the adjustment 
of tax levies to be made by the budget commission. Such levy is 
a state levy in the same sense that it is made directly by the gen- 
eral assembly and is mandatory. Op, Atty. Gen. (1920), p. 709. 

See opinions of Attorney General No. 2804 (1922), cited under 
Sec. 7731-4. 



Interest upon 
proceeds of 
salt and 
swamp lands. 



Section 7577. The state shall pay interest annually, 
at the rate of six per cent per annum, upon all money which 
has been paid into the state treasury on account of sales 
of lands commonly called ''salt lands," and upon all money 
paid or which may be paid into the state treasury on ac- 
count of sales of swamp lands granted to the state by act 
of congress. The money received from such sales shall 
constitute an irreducible debt of the state; and the interest 
shall be apportioned annually on the same basis as the state 
common school fund is apportioned, and distributed to the 
several counties as hereinafter provided. 

HISTORY.-R. S. § 3952; 70 v. 195, § 132; 49 v, 40, § 1; S. & C. 1838, 

This section is cited, referred to and applied in State ex rel. 
V. Purcel, 31 O. S. 352; Oxford Township v. Columbia, 38 O. S. 87. 



SCHOOL FUNDS. 203 

Section 7578. The net proceeds hereafter paid into proceeds of 
the state treasury, from the sales of swamp lands granted ^^1^^°^ swamp 
to the state by act of congress passed September 28, 1850, 
is hereby appropriated to the general fund for the support 
of common schools ; and the state is pledged to pay the in- 
terest annually, on all sums of money paid into the state 
treasury, from the sales of such lands, from the receipt of 
such money into the treasury. The interest so arising shall 
be distributed, annually, to the several counties of the state, 
in proportion to the number of male inhabitants above the 
age of twenty-one as the law provides for ascertaining the 
apportionment of representatives. The proportion of in- 
terest due to each county shall be distributed for the sup- 
port of common schools, in the respective counties, in the 
manner prescribed for the distribution of the common 
school fund. 

HISTORY.— R. S. § 3952-1; 80 v. 39; 49 v. 40; S. & C. 1388. 

Section 7579. The money which has been and may xhe "common 
be paid into the state treasury on'account of sales of lands school fund." 
granted by congress for the support of public schools in 
any original surveyed township or other district of country, 
and on account of the sales of minerals thereon, shall con- 
stitute the ''common school fund" of which the auditor of 
state shall be superintendent, and the income of which 
must be applied exclusively to the support of public schools 
in the manner designated by law. 

history.— 107 V. 357 (379). Each section of this act, and every 
part thereof, is declared to be an independent iSection in 107 v S57 (381), 
§ 58. P. & A. Code § 7579, which was S. & C. 1335; R. S. § 3963; 70 v. 196, 
§§ 127, 128, was repealed in 107 v. 357 (381, 382), § 59. 

For the confirmation of the sale of school lands, see appendix, § 



This section has been cited, referred to and applied in the fol- 
lowing cases: Smith v. Hunter, 48 U. S. 7 Howard 745; Monroe 
Township v. Williams, 13 O. 495; State ex rel. v. Purcel, 31 O. S. 
352; State v. Glidden, 31 O. S. 309; Seeley v. Thomas, 31 O. S. 
301. 

The interest on common school moneys received from the 
sale of school lands and constituting a part of the irreducible debt 
of the state is to be distributed by the state to the counties at the 
February settlement, and by the county treasurer to the school dis- 
tricts at the same settlement. In case more than one school district 
is located within the territorial limits of an original surveyed town- 
ship, section 7600 G. C. governs the distribution of such interest, 
except in parts of such districts located in the original surveyed 
township only, which are to be taken into consideration. In the 
event the territory of a school district is co-extensive with that of 
an original surveyed township there is no need of applying the 
rule of section 7600 G". C, because the school district will receive 
all the interest in such case. Op. Atty. Gen. (1914), p. 1071. 

Depository interest on moneys paid into the state treasury 
since July 1, 1917, on account of sales of school and ministerial 
lands, and left therein uninvested by the commissioners of the sink- 
ing fund,_ but, together with other moneys, deposited in the state 
depositories, should be credited to the interest accounts in the 
common school fund and the ministerial fund, respectively. 

Where no separate account has been kept of specific moneys 
placed in depositories the average rate obtained by the state on 
inactive deposits should be so credited. 

It is erroneous to credit depository interest earned by the 
deposit of such funds to the general reserve fund. 



204 



SCHOOL FUNDS 



Accounts of 
common 
school and 
ministerial 
funds kept _ 
with subdivi- 
sions. 



The commissioners of the sinking fund have no authority re- 
specting the control and deposit of moneys in the hands of the 
treasurer of state and belonging to the ministerial trust and com- 
mon school funds. They may withdraw such funds for investment 
in specified securities, but may not control the powers and duties 
of the treasurer of state with respect to the deposit of general 
balances. Op. Atty. Gen. (1918), p. 377. 

Section 7580. The auditor of state shall keep an ac- 
count of the capital sum now belonging to the "common 
school fund," and the "ministerial trust fund." Interest 
thereon shall be computed by him annually for the calendar 
year. The auditor of state shall keep an account with and 
for each township or districts of country in the state, show- 
ing the capital sum in such common school fund and min- 
isterial trust fund belonging to each such township or dis- 
trict of country, the interest accruing on the same and the 
disbursement of such interest. 

HISTORY.— 107 V. 357 (379). Each section of this act, and every 
part thereof, is declared to be an independent section in 107 v. 357 (381), 
§ 58. P. & A. Code § 7580, which was S. & C. 1335; R. S. § 3954; 70 v. 195, 
§§128, 129, was repealed in 107 v. 357 (381, 382), § 59. 

When a devisor bequeaths moneys for the use of the comm.on 
school fund, such moneys must be paid over to the state, and be- 
come vested in the "common school fund." Through section 7580 
G. C., such moneys then become a part of the irreducible debt of 
the state upon which shall be paid 6 per cent, per annum to be ap- 
plied under section 7581 G. C., according to the intention of the 
devisor. Op. Atty. Gen. (1911), p. 520. 

The interest on common school moneys received from the 
sale of school lands and constituting a part of the irreducible debt 
of the state is to be distributed by the state to the counties at the 
February settlement, and by the county treasurer to the school dis- 
tricts at the same settlement. In case more than one school dis- 
trict is located within the territorial limits of an original surveyed 
township, section 7600 G. C. governs the distribution of such inter- 
est, except in parts of such districts located in the original sur- 
veyed township only, which are to be taken into consideration. In 
the event the territory of a school district is co-extensive with that 
of an original surveyed township there is no need of applying the 
rule of section 7600 G. C., because the school district will receive 
all the interest in such case. Op. Atty. Gen. (1914), p. 1071. 

Depository interest on moneys paid into the state treasury 
since July 1, 1917, on account of sales of school and ministerial 
lands, and left therein uninvested by the commissioners of the sink- 
ing fund, but, together with other moneys, deposited in the state 
depositories, should be credited to the interest accounts in the com- 
mon school fund and the ministerial fund, respectively. 

Where no separate account has been kept of specific moneys 
placed in depositories the average rate obtained by the state on 
inactive deposits should be so credited. 

It is erroneous to credit depository interest earned by the de- 
posit of such funds to the general reserve fund. 

The commissioners of the sinking fund have no authority re- 
specting the control and deposit of moneys in the hands of the 
treasurer of state and belonging to the ministerial trust and 
common school funds. They may withdraw such funds for in- 
vestment in specified securities, but may not control the powers and 
duties of the treasurer of state with respect to the deposit of gen- 
eral balances. Op. Atty. Gen. (1918), p. 377. 



SCHOOL FUNDS 



205 



Section 7580-1. The auditor of state shall give 
notice in writing at least once in every two months to the 
commissioners of the sinking fund of the amount of the 
capital sum belonging to the common school fund and min- 
isterial trust fund that may have been paid into the state 
treasury subsequent to his last preceding notice arising from 
the sale of lands or minerals thereon granted by congress 
for the use of schools or the purposes of religion, with 
the sum of such capital so paid belonging to each township 
or other district of country in the state. 

HISTORY.— 1C7 V. 357 (380). Each section of this act, and every part 
thereof, is declared to be an independent section in 107 v. 357 (381), § 58. 

Section 7580-2. It shall be the duty of the commis- 
sioners of the sinking fund from time to time to draw an 
order for the balance of such capital sum in the common 
school fund and ministerial trust fund that may have been 
reported by the auditor of state, such order shall be pre- 
sented to the auditor of state who shall issue his warrant 
upon the treasurer of state for the sum thereof. 

HISTORY.— 107 V. 357 (380). Each section of this act, and every part 
thereof, is declared to be an independent section in 107 v. 357 (381), § 58. 

Section 7580-3. - The auditor of state shall open 
proper accounts in which he shall charge the commissioners 
of the sinking fund with all such orders and warrants, and 
credit said commissioners, with all sums of interest earned 
and disbursed by them for and on account of said capital 
sums so withdrawn by said commissioners from the state 
treasury. 

HISTORY.— 1G7 V. 357 (380). Each section of this act, and every part 
thereof, is declared to be an independent section in 107 v. 357 (381), § 58. 



Bi-Monthly 
notice to 
commissioners 
of sinking 
fund. 



Order and 
warrant for 
balance. 



Account with 
commissioners 
of sinking 
fund. 



Section 7580-4. It shall be the duty of the commis- 
sioners of the sinking fund from time to time to invest the 
moneys so withdrawn by them from the state treasury, 
either in bonds or other interest bearing obligations of the 
United States, or those for which the faith of the United 
States is pledged, including bonds of the District of Colum- 
bia, or in bonds or other interest bearing obligations of this 
or any other state of the United States, or the legally is- 
sued bonds or interest bearing obligations of any county, 
city, village, township, school district or other political sub- 
division or district of this state. 

HISTORY.— 107 V. 357 (380). Each section of this act, and every part 
thereof, is declared to be an independent section in 107 v. 357 (381) , § 58. 



Investment of 
moneys with- 
drawn. 



Section 7580-5. The commissioners of the sinking 
fund shall keep an account of all such investments and in- 
terest accrued or received on account thereof, which ac- 
count shall show the amount of each such investment be- 
longing to each township or other district of country, and 
the interest earned or paid thereon. 

HISTORY.— 107 v. 357 (380). Each section of this act, and every part 
thereof, is declared to be an independent section in 107 v. 357 (381) . | 58. 



Account of 
investments. 



206 



SCHOOL FUNDS 



Report of 
vestments 
auditor of 
state. 



Appropriation 
of interest re- 
ceived. 



Section 7580-6. At least once in every two months 
the commissioners of the sinking fund shall report to the 
auditor of state the amount of such investments made sub- 
sequent to the last preceding report made pursuant to this 
section, showing the sum thereof belonging to each town- 
ship or other district of country, together with the interest 
accrued and interest received by them on account of each 
such township or other district of country. 

HISTORY.— 107 V. 357 (380). Each section of this act, and every part 
thereof, is declared to be an independent section in 107 v. 357 (381), § 58. 

Section 7580-7. The interest so accrued and re- 
ceived on account of the portion of the whole investment 
that belongs to each township or district of country to- 
gether with interest at the rate of six per cent per annum 
upon the sum of the debt owing by the state to the common 
school fund and the ministerial trust fund, shall, if the 
capital sum was derived from the sale of school lands or 
minerals thereon, be appropriated and used for the support 
of schools as provided by the act of congress of February 
I, 1826, or, if the capital sum was derived from the sale of 
ministerial lands or minerals thereon, be appropriated and 
used for the purpose of religion, in each township and dis- 
trict of country entitled thereto, as provided by the act of 
congress of February 20, 1833. 

HISTORY.— 107 V. 357 (381). 



Payment, of SECTION 7580-8. Before making the February settle- 

teasury* to*° uicnt with couuty auditors the state auditor shall draw his 
credit of order upon the commissioners of the sinkiner fund for the 

proper funds. .^.. ^, . ^° . . . 

sum of the interest so accrued and received at the time of 
so drawing such order, and the commissioners of the sink- 
ing fund shall thereupon, upon the draft of the auditor 
of state, pay into the state treasury to the credit of the in- 
terest account of the common school fund and the min- 
isterial trust fund the sum of such order, and the auditor 
of state shall thereupon credit the account of said commis- 
sioners with the sum so paid to the treasurer of state. 

HISTORY.— 107 V. 357 (381). Each section of this act, and every part 
thereof, is declared to be an independent section in 107 v. 357 (381), § 58. 

Bequests ^etc, SECTION 7581. When any grant or devise of land, or 

Common school donation or bequest of money or other personal property, 
fund. -g j^a^jg tQ ^i^g state, or to any person, or otherwise, in trust 

for the common school fund, it shall become vested in such 
fund. When the money arising therefrom is paid into the 
state treasury, proper accounts thereof must be kept by the 
auditor of state, and the interest accruing therefrom shall 
be applied according to the intent of the grantor, donor, or 
devisor. 

HISTORY.— R. S. § 3955; 70 v. 195, § 131; S. & C. 1336. 

When a devisor bequeaths moneys for the use of the common 
school fund, such moneys must be paid over to the state, and be- 
come vested in the "common school fund." Through section 7580 
G. C, such moneys then become a part of the irreducible debt of 



SCHOOL FUNDS 20^ 

(the state upon which shall be paid 6 per cent, per annum to be 
applied under section 7581 G. C, according to the intention of the 
devisor. Op. Atty. Gen. (1911) p. 520. 

Section 2457. The commissioners of a county may Bequests for 
receive bequests, donations, and gifts of real and personal purpoles"^^ap- 
property and money tO' promote and advance the cause of plication' of 
education in such county. All property and money so re- "" ^" 
ceived by the commissioners or which has been bequeathed 
and bestowed upon such commissioners and remains undis- 
posed of, at their discretion, may be paid to any incorpor- 
ated institution of learning in the county, or a part thereof 
may be used each year to defray the expenses of the teach- 
ers institute, upon such terms and conditions as the com- 
missioners in their discretion prescribe, having reference to 
the terms of the trust and safety of the fund and its proper 
application. 

HISTORY.— R. S. § 20-1; 84 v. 211, § 1. 

A county may accept a testamentary gift for the use of the 
schools, and it may apply the same to school purposes in compliance 
with the law. Christy v. County Commissioners, 41 O. St. 711. 

Section 7583. In each February settlement sheet the Apportionment 
state auditor shall enter the amount of money payable to pebma™^'^^ ^" 
the county treasurer on the apportionment of interest speci- settlement, 
fied in section seventy-five hundred and seventy-seven, and 
also enter in each February settlement sheet the amount of 
money payable to the county treasurer on account of in- 
terest for the preceding year on the common school fund, 
and designate the source or sources from which the interest 
accrued. With each February settlement sheet he shall 
transmit a certified statement, showing the amount of in- 
terest derived from the common school fund payable to 
each original surveyed township or other district of coun- 
try within the county. 

HISTORY.— R. S. § S956; 70 v. 195, §§ 120, 130; S. & C. 1369. 

Section 7584. The treasurer of each county, at each punds to be 
semi-annual settlement with the auditor of state, shall re- retained by 

1 <• 1 11 1 county- 

tain in the county treasury, from the state taxes collected treasurer. 

by him, the amount of the funds herein mentioned shown 
by the settlement sheet of the auditor of state to be payable 
to him at that time. If such amount for any county exceeds 
the amount of state taxes collected therein, the auditor of 
state shall draw an order on the treasurer of state, in favor 
of the treasurer of such county, for the balance of school 
funds due his county, and transmit it to such county treas- 
urer, and the treasurer of the state shall pay such order 
upon its presentation to him. 

history.— R. S. § 3956; 70 v. 195, §§ 120, 130; S. & C. 1359. 

The sureties upon the bond of a township treasurer are liable 
for school funds which said treasurer has failed to pay over to his 
successor. Cresswell v. Nesbitt, 16 O. St. 35. 



208 



SCHOOL FUNDS 



When^ county SECTION 7585. If parts of ail Original surveyed town- 

to"wn6hjl^^^ sl'^ip o^ fractional township are situated in two or more 
counties, the amount of interest on common school fund 
due to such township shall be paid in the manner provided 
in the next two preceding sections to the treasurer of the 
county wherein the greatest relative portion of such town- 
ship is situated. But if it be uncertain in which county 
such portion is situated, the amount of interest due to such 
township shall be paid to the treasurer of the oldest county 
in which any part of the township is situated. 

HISTORY.— R. S. § 3957; 70 v. 195, § 130. This section number was 
given by mistake to § 7595, in 108 v. Pt. II 1170. 

Board of edu- SECTION 7586. Each board of education, annually, at 

vitT\i° taxa.- a regular or special meeting held between the third Monday 
*'°"* in April and the first Monday in June, shall fix the rate of 

taxation necessary to be levied for all school purposes, after 

the state funds are exhausted. 

HISTORY.— R. S. § 3958; 75 v. 101, § 4; 75 v. 526, § 56; 80 v. 17; 
80 V. 129; 81 v. 178; 97 v. 349; 98 v. 9. 
See, also, G. C. § 7587. 

This section has been cited and applied in the following 
cases : State ex rel. Zeeb, 9 O. C. C. 13 ; Toledo ex rel. v. Railway, 
4 O. C. C. 113; State ex rel. v. School District, 20 O. C. D. 657, 76 
O. St. 637 ; State v. Brewster, 39 O. St. 653. 

Held under consideration of the provisions of this section 
and those of section 5649-3a relating to the time within which 
boards of education and other taxing authorities are required to 
submit their annual budgets that the first interest and sinking fund 
levy on account of bonds issued under section 7630-1 G. C. should 
be certified to the county auditor by the board of education, although 
the election authorizing the issue of such bonds and the resolution 
providing therefor are not held and passed, respectively, until 
shortly after the first Monday in June, and that such levy is not 
subject to the control of the budget commission and need not be 
included in the annual budget of the board of education. Op. Atty. 
Gen. (1919), p. 832. 

Held that the provisions of this section are no longer in force 
but that they have been superseded by the provisions of the Smith 
one per cent, law, (5649-2 et seq. G. C), and that boards of edu- 
cation and other local taxing authorities do not have the power to 
fix rates of taxation. Op. Atty. Gen. (1919), p. 1179, 1182. 

Division of Section 7587. Such levy shall be divided by the 

fundfc"*° ^^^^ board of education into four funds: First, tuition fund; 
second, building fund ; third, contingent fund ; fourth, 
bonds, interest and sinking fund. A separate levy must be 
made for each fund. The levy for tuition fund to the ex- 
tent of one mill shall be subject only to the limitation on the 
combined maximum rate for all taxes levied in the school 
district. 

HISTORY.— R. S. § 3958; 75 v. 101, § 4; 75 v. 526, § 56; 80 v. 17; 
80 V. 129; 81 v. 178; 97 v. 349; 98 v. 9; 108 v. Pt. II 1303 (1307). For the 
time at which the amendment of this section in lOS v. Pt. II 1303 takes 
eflfect, see 108 v. Pt. II 1803 (1313), § 3. 

Taxes must be levied on the general duplicate through the 
agency of the local levying authorities and the budget commission 
for each purpose or fund separately. 



SCHOOr. FUNDS 



209 



The county auditor must distribute the proceeds of general 
property taxes to school districts in proportion to the levies as made 
on the duplicate. 

No board of education or officer of a school district has any 
authority to vary the proportions in which the proceeds of tax 
levies accrue to their respective funds of the school district, except 
by way of transfer of funds and subject to the laws governing 
such transfer. Op. Atty. Gen. (1919), p. 1199. 

The one-mill levy for tuition purposes authorized by the amend- 
ment of section 7587, General Code, is in addition to the three-mill 
limitation provided for in section 5649-3a General Code. 

A levy for school purposes authorized by the electors under 
sections 5649-5 and 5649-5a, General Code, prior to 1920 may not 
be made to any extent outside of the limitations of section 5649-5b 
General Code. Op. Atty. Gen. (1920), p. 338. 

See opinions of Attorney General No, 2220 (1921), cited under 
Sec. 7896-55. 

Section 7587-1. § i. The board of education of 
any school district in this state may establish and maintain 
a replacement fund, and for that purpose, set aside an- 
nually out of its revenue such sum as it may determine 
necessary for said purpose. In case of total or partial 
destruction of any of the property of said board of educa- 
tion from any cause or in case, because of the unfitness of 
such property, it becomes necessary at any time to demolish 
the same in whole or in part, such replacement fund may 
be used to rebuild, on the original site or elsewhere, or to 
restore, repair or improve the property so damaged, demol- 
ished or destroyed, and for said purposes the board of edu- 
cation may sell or use any of the securities or moneys of 
such replacement fund. 

HISTORY.— 108 V. Pt. II 1132, § 1. 

See Opinions of Attorney General No. 1865 (1921), cited under 
Sec. 7730-1. 



Replacement 
fund; estab- 
lishment and 
maintenance 
of. 



Section 7587-2. § 2. Moneys or securities hereto- 
fore set aside by any board of education for the purpose 
specified in section i hereof, shall be paid into said replace- 
ment fund and constitute a part thereof whenever a re- 
placement fund is established by a board of education. 

HISTORY.— 108 V. Pt. II 1132 (1133)* § 2. 

Section 7587-3. The replacement fund may be in- 
vested in the same manner as is provided by law for the 
investment of the sinking fund of any school district hav- 
ing a bonded indebtedness, and all interest received from 
such investments shall form a part of said fund, and may 
be invested in like manner. 

HISTORY.— IDS V. Pt. II 1132 (3133) , § 3. 

Section 7587-4. Money shall be drawn from said fund 
by orders only, passed by a majority vote of the board of 
education, signed by the president, or by the vice president 
in his absence, and clerk. All securities or evidences of 
debt held by said board as a part of said replacement fund 
shall be deposited with a safe deposit company or com- 
14 s. L. 



Moneys or se- 
curities con- 
stituting fund. 



Investment 
of fund. 



How money 
drawn from 
fund. 



210 



SCHOOL FUNDS 



When fund 
may be re- 
duced or ex- 
pended. 



Educational 
equalization 
fund admin- 
istered by 
superintend- 
ent; applica- 
tion for 
participation. 



panics within the school district, or, if none exist, then in a 
place of safety to be indicated or furnished by said board, 
and when so deposited they shall be drawn only upon the 
application of the board and in the presence of three (3) 
designated members of a board in a city district, or upon 
the application of the board, and in the presence of two 
(2) designated members of a board of any other school 
district. 

HISTORY.— 108 V. Pt. II 1132 (113S) , § 4. 



Adjustments 
and changes; 
power to order 
submission of 
question. 



Section 7587-5. The replacement fund so accumu- 
lated shall not be reduced, disposed of or expended for 
purposes other than those specified in section i hereof. 
Whenever the replacement fund reaches the maximum 
amount deemed necessary by the board o.f education for the 
purposes specified in section i hereof, the interest received 
from investments of said fund may be used by the board 
of education for any school purpose authorized by law. 

history.— 108 V. Pt. II 1132 (1133), § 5. 

Section 7595- The superintendent of public instruc- 
tion shall administer the educational equalization fund for 
the equalization of educational advantages throughout the 
state. The board of education of any school district may 
at any time between the first Monday in September and 
the first day of October of any year apply to the superin- 
tendent of public instruction for participation in such fund. 
Such application shall be made in such form and shall set 
forth such information as the said superintendent shall pre- 
scribe. If it appears from such application that the rev- 
enue resources of the district are insufficient to enable the 
applicant board to conduct the schools thereof without par- 
ticipation in such fund, the said superintendent shall cause 
an inspection of the schools of the district and the accounts 
of the applicant board to be made. Upon such examina- 
tion the superintendent of public instruction shall ascertain 
whether or not the proportion of pupils to teachers in the 
district is reasonable and proper, having regard to the 
topography and population of the district; whether the 
schedule of salaries paid to teachers is reasonable, whether 
the budget of contingent e:?tpenses and building enterprises 
is commensurate with the actual needs of the district; and 
whether the revenue resources of the district have been ex- 
hausted. 

HISTORY.— R. S. § 3960-1; 98 v. 20O, § 1; 106 v. 430; 104 v. 165; 
107 V. 621 (623); 108 v. Pt. II 1170; 108 v. Pt. II 1303 (1307); 109 v. 148. For 
the time at which the amendment of this section in 108 v. Pt. II 1303 takes 
effect, see 108 v. Pt. II 1303 (1313), § 3. The act of which this section was 
a part in 108 v. Pt. II 1170, was declared by the legislature to be an 
emergency measure in 108 v. Pt. II 1170 (1174), § 4, 

See opinions of Attorney General (1918), p. 659, cited under 
Sec. 7691. 

(1917), p. 729, cited under Sec. 7871. 
(1918), p. 85, cited under Sec. 7877. 

Section 7596. If, upon such examination, the super- 
intendent of public instruction is satisfied that any adjust- 
ments or changes in local school policy and administration 



SCHOOL FUNDS 



211 



should be made as a condition of participation in the educa- 
tional equalization fund, he may order such adjustments 
and changes to be made. For this purpose he shall have 
power to order any local board of education or any county 
board of education to exercise any power of whatsoever 
character in them vested by law, and such order shall be 
complied with forthwith, as a condition precedent to any 
participation in such fund. If the additional levy provided 
for by sections 5649-4, 5649-5 and 5649-5a of the General 
Code has not been submitted to the electors, such order 
shall direct such submission for such number of years as 
the superintendent may deem best and for such number 
of mills, within the limitations imposed by said sections, as 
may be required in order to meet the financial needs of the 
district, or to exhaust its revenue resources; and if such 
submission is not made, or if the electors of the district do 
not approve the additional levy so submitted, the district 
shall not participate in such fund. 

HISTORY.— R. S. § 3960-1; 98 v. 200, § 1; lOS v. 267; 108 v. Pt. II 1170 
(1172) ; 108 V. Pt. II 1303 (1307) ; 109 v, 149. The statute of which this section 
was a part was declared by th,e legislature to be an emergency measure, 
see 108 v. Pt. II 1170 (1174), § 4. For the time at which the amendment 
of this section in 108 v. Pt. II 1303 takes effect, see 108 v. Pt. II 1303 (1313), 



Section 7597. After his orders have been complied 
with, the superintendent of public instruction shall ascer- 
tain the probable amount required to supplement the rev- 
enues of such district in order to enable the board of educa- 
tion thereof to conduct the schools of the district, and he 
shall certify the same to the auditor of state. He shall 
thereafter from time to time, within the amount so ascer- 
tained, and so long as his orders are complied with draw 
his vouchers on the auditor of state for such sums as may 
be actually needed by such district. The auditor of state 
shall issue his warrants therefor payable out of the educa- 
tional equalization fund. 

history.— R. S. § 3960-2; 98 v. 20O, § 2; 104 v. 165; 108 v. Pt. II 
1170 (1172); 108 v. 1303 (1308); 109 v. 149. The statute of which this section 
was a part was declared by the legislature to be an emergency measure, see 
108 V. Pt. II 1170 (1174), § 4. For the time at which the amendment of this 
section in 108 v. Pt. II 1303 takes effect, see 108 v. Pt. II 1303 (1313), § 8. 

Section 7598. When a school district is composed of 
territory in two or more counties, the rate of taxation shall 
be ascertained by the board of education of such district 
and be certified to the auditors of the several counties, who 
must place it on the tax duplicate. It shall be collected as 
provided in section seventy-five hundred and ninety-four. 

HISTORY.— R. S. § 3963; 97 v. 350. 

Section 7599. The funds belonging to a district com- 
posed of territory in more than one county shall be paid by 
the treasurers of the other counties to the treasurer of the 
county having the greatest tax valuation in such district. 
The auditors of other counties must make settlement on ac- 
count of such funds with the auditor of the county hav- 
ing the greatest tax valuation ; and the treasurer of the dis- 



When state 
aid available. 



When district 
situated in 
two or more 
counties. 



To whom 
funds paid. 



212 



SCHOOL FUNDS 



trict shall make the settlement with such auditor, required 
by section seventy-six hundred and two. 

HISTORY.— R. S. § 3963; 97 v. 350. 

Accounts with SECTION 26o2. The ' auditor shall open an account 

dtTe"s!^vfiiages, ^^'i^h cach township, city, village, and special school district 

t^Hcts^^^"^^ in the county, in which, immediately after his semi-annual 

settlement with the treasurer in February and August of 

each year, he shall credit each with the net amount so 

collected for its use. 

On application of the township, city, village, or school 
treasurer the auditor shall give him a warrant on the county 
treasurer, for the amount then due to such treasurer, and 
charge him with the amount of the warrant but the person 
so applying for such warrant shall deposit with the auditor 
a certificate from the clerk of the township, city, village, or 
district, stating that he is treasurer thereof, was duly elected 
or appointed, and that he has given bond according to law\ 

HISTORY.— R. S. § 1047; 56 v. 128, § 22; S. & C. 100. 

Annual return Section 2604. On or bcforc the first day of July 

state" Jf° Hve ^ach year, the auditor shall make and transmit to the audi- 
stock statistics, ^qj- gf st2Lte an abstract of the number of horses, neat cat- 
tle, sheep, hogs, mules and asses in the county, as returned 
to his office by the assessors. On or before the first day 
of October each year, he shall transmit to the auditor of 
state a complete abstract of. the funded and unfunded in- 
debtedness of his county, and of each township, city, vil- 
lage, and school district therein as it was on the first day of 
September preceding, with the rate of interest payable 
thereon, the date of maturity, and the purpose for which 
it was created, and also what provision has been made for 
the payment of any such indebtedness, what amount has 
been collected, and whether remaining in the county, town- 
ship, city, village, or school district treasury. To enable 
the county auditor to make this statement the various 
officers of townships, cities, villages and school districts 
shall furnish him with the information thereof, at such 
time and in such manner as he requires, and he shall furnish 
them blanks for that purpose. 

HISTORY.— R. S. § 1049; 66 v. 26, § 2; 70 v. 251, §§ 1, 2, 3. 

Section 2605. If the county auditor fails to make 
either of the returns required by the preceding section for 
ten days after the time therein limited, he shall forfeit to the 
state the sum of fifty dollars, to be recovered by civil action. 
On being informed of such default by the auditor of state, 
the prosecuting attorney of the county shall collect such 
forfeiture and pay it into the state treasury to the credit of 
the school fund. 

HISTORY.— R. S. § 1050; 66 v. 26, §§ 2, 3. 

Dog tax Section 2607. Each year, as soon after the assessors 

to^schoo?^ have made their returns as practicable, the county auditor 
fund. shall make and forward to the auditor of state a statement 



Penalty for 
neglect. 



SCHOOL FUNDS 



213 



showing the number of sheep killed or injured by dogs, the 
aggregate loss sustained thereby, the amount paid therefor 
from the tax on dogs, the amount of that fund remaining in 
the treasury, and the amount, if any, transferred to the 
school fund. 

HISTORY.-R. S. § 1052; 74 v. 179, § 11. 

Section 2689. Immediately after each semi-annual 
settlement with the county auditor, on demand, and pre- 
sentation of the warrant of the county auditor therefor, the 
county treasurer shall pay to the township treasurer, city 
treasurer, or other proper officer thereof, all moneys in the 
county treasury belonging to such township, city, village, 
or school district. 

HISTORY.— S. & C. 1478, R. S. § 1122; 56 v. 101, § 12; 86 v. 168; 108 
V. Pt. I 561 (562); 108 y. Pt. II n92 (1193). The amendment of this section 
in M8 V. Pt. I 561 does not affect pending proceedings or prior liabilities, 
see G. C. [§ 5348-15]. 

See Opinions of Attorney General No. 2847 (1922), cited 
under Sec. 2295-6. 

Section 2690. If a township treasurer or other 
proper officer so requires, or the trustees of a township, the 
council of a city, village, or the board of education of a 
school district, respectively, so direct, such moneys shall 
remain in the county treasury, to be drawn by the proper 
treasurer on the warrant of the county auditor, in sums of 
not less than one hundred dollars. 

HISTORY.— R. S. § 1122; 86 v. 168; 56 v. 101, § 12; S. & C. 1478. 

Section 2691. If a county treasurer retains, or if 
such local treasurer permits such moneys to remain in the 
county treasury, in any manner other than herein pro- 
vided, he shall forfeit and pay for such offense not less 
than one hundred nor more than one thousand dollars, to 
be recovered in an action at the suit of the state, for the 
use of the county. 

HISTORY.— R. S. § 1122; 86 v. 168; 56 v. 101, § 12; S. & C. 1478. 

Section 2692. When the local authorities so request 
the county auditor may draw, and the county treasurer 
shall pay on such draft to township, city and village treas- 
urers, and the treasurer of any board of education, from 
June twentieth and December twentieth to the date of the 
semi-annual distribution, each year, any sum not exceeding 
two-thirds of the current collection of taxes for such local 
authorities, respectively, including, as to boards of educa- 
tion, the estimated distribution of the state common school 
fund and the levy for school purposes retained in the 
county, to become due to the school district, in advance of 
the semi-annual settlements. 

HISTORY.— R. S. § 1123; 70 v. 184, §§ 1, 2, 3; 86 v. 43; 97 v. 378; 108 
V. Pt. II 1303. For the time at which the amendment of this section in 
mS V. Pt. TI 1303 takes effect', see lOS v. Pi. 11 ISO."^ (1313), § 3. 



Payments to 
local treas- 
urers. 



Money rnay 
remain in 
county 
treasury. 



Moneys shall 
not be held 
without 
authority. 



Advance pay- 
ment to local 
authorities. 



214 



SCHOOL FUNDS 



Apportionment 
of school fund 
by county 
auditor; dis- 
tribution. 



Distribution 
to teachers 
and employes. 



When district 
shall receive 
proportion 
of funds. 



Apportionment 
of common 
school fund 
to districts. 



Section 7600. After each semi-annual settlement 
with the county treasurer each county auditor shall im- 
mediately apportion school funds for his county. Each 
city school district and each exempted village school district 
shah receive the full amount of the proceeds of the levy of 
two and sixty-five hundredths mills provided in section 
7575, General Code, in the given school district. The pro- 
ceeds of such levy upon property in the territory of the 
county outside of city and exempted village school districts 
shall be apportioned to each school district and part of dis- 
trict within the county outside of city and exempted village 
school districts on the basis of the number of teachers and 
other educational employees employed therein, and the ex- 
pense of transporting pupils as shown by the reports re- 
quired by law, and the balance according to the ratio which 
the aggregate days of attendance of pupils in such districts, 
respectively, bears to the aggregate days of attendance of 
pupils in the entire county outside of exempted village and 
city school districts. 

The annual distribution attributable to teachers and 
employees shall be according to the following schedule: 
thirty-seven and one-half per centum of the salary of each 
teacher or educational employee receiving a salary of not 
less than eight hundred dollars and a like percentage of the 
compensation paid to each person giving instruction in 
trade or technical schools, extension schools, night schools, 
summer schools and other special school activities, but not to 
exceed nine hundred dollars for any teacher or educational 
employee or other such person. In the case of a superin- 
tendent under the provisions of section 4740 distribution 
shall be made of the given per centum multiplied by a frac- 
tion w^hich represents the part of his working time not given 
to supervisory duties. ' 

The annual distribution attributed to expense of trans- 
portation of pupils shall be fifty per centum of the personal 
service expense incurred in such transportation. 

No school district shall be entitled to receive any por- 
tion of the said funds in any year until the reports of num- 
bers, salaries and qualifications of teachers employed and 
aggregate days of attendance and expense of transporta- 
tion of pupils have been made as required by law. The 
school tax levied by boards of education and collected from 
the several districts or parts of districts in the county shall 
be paid to the districts from w^hich it was collected. 

Money received from the state on account of interest 
on the common school fund shall be apportioned to the 
school districts and parts of districts within the territory 
designated by the auditor of state as entitled thereto on the 
basis of the total enumeration of youth of school age in 
each whole district entitled thereto, and the enumeration of 
youth of school age residing in parts of districts so entitled, 
and all other money in the county treasury for the support 
of common schools and not otherwise appropriated by law. 



SCHOOL FUNDS 21 5 

shall be apportioned annually to the school districts and 
parts of districts in the county in the proportions in which 
such districts and parts of districts are entitled to share in 
the distribution of the levy of two and sixty-five hun- 
dredths mills provided in section 7575 of the General Code. 

HISTORY.— R. S. § 39&1; 70 v. 195, § 120; 77 v. 58; 97 v. 350; 104 v. 
158 (159); 108 v. Pt. II 1303 (1308); 109 v. 149. For the time at which the 
amendment of this section in 108 v. Pt. II 1303 takes effect, see 108 v. Pt. 
II 1308 (1313), § 3. 

Held under consideration of the provisions of this and other 
cognate sections of the general code that it is the duty of the county 
auditor to obtain from the distribution of school funds the amount 
set apart under section 4744-3 G. C for the use of the county 
board of education fund, regardless of the fact that such retention 
was not taken into account by the rural board of education in 
making their tax levies. Such retention is made out of all the 
moneys to be distributed to the. several taxing districts, including 
the proceeds of local levies, as well as the amount to be appor- 
tioned to the district as its portion of the state common school 
fund, and is not to be charged against any one particular fund or 
levy. Op. Atty. Gen. (1914), p. 1346. 

Personal property which has escheated to the state under the 
provisions of section 8579 G. C., is subject to distribution in the 
manner provided in section 7600 G. C., and, under section 7603 G. 
C. should be credited to the contingent fund of the school district. 
Op. Atty. Gen. (1915), p. 76. 

The word "teachers" occurring in several sections of the 
General Code as relating to the basis of distribution of the state 
common school fund, etc., is to be taken in its ordinary sense the 
same as in G. C. Sec. 7600 and related sections of the General 
Code. Op. Atty. G'en. (1920), p. 395. 

The terms '"other educational employes" and "other persons'' 
occurring in G. C. Sec. 7600 and other sections, are defined as 
persons giving instructions in trade schools, night schools, etc., not 
having the status of regular teachers. Such terms do not include 
non-instructional employes. Op. Atty. Gen. (1920), p. 395. 

See opinions of Attorney General as follows: 

No. 2804 (1922), cited under Sec. 7731-4; 

No. 1864 (1921), cited under Sec. 7787. 

(1920) p. 751, cited under Sec. 7787. 

No. 3114 (1922), cited under Sec. 7764. 

Section 7600-1. In cases in which any school funds Apportionment 
are required to be distributed or apportioned to parts of to part dis- 
school districts on the basis of number of teachers and butioA. 
other persons employed and aggregate attendance of pupils, 
the shares of such parts of districts shall be ascertained by 
taking the total enrollment of pupils residing in such parts 
of districts and comparing such enrollment with the total 
enrollment of pupils in the entire school districts; the pro- 
portion thus obtained shall be applied to the number of 
teachers and other persons employed in each whole school 
district and the aggregate days of attendance of pupils in 
each whole school district, respectively, and the result shall 
be considered the number of teachers and other persons 
employed in such parts of districts and the aggregate days 
of attendance of pupils therein, respectively. 

Distribution to such parts of districts on the basis of 
transportation of pupils shall be based on the number of 
pupils transported residing in such parts of districts. 

HISTORY.~108 V. Pt. II 1303 (1309). For the time at which this act 
Itakes effect, see 108 v. Pt. II 1303 (1313), § 3. 



!l6 SCHOOL FUNDS 

Distribution Section /Goi. Immediately after such apportionment 

afte™°appor- ^^ niadc the auditor must enter it in a book to be 'kept for 
tionment. that purpose, and furnish a certified copy of the apportion- 

ment to each school treasurer and clerk in his county. He 
shall give to each of such treasurers an order on the county 
treasurer for the amount of money payable to him, and 
take his receipt therefor. 

HISTORY.— R. S. § 3965; 70 v. 195, § 120. 

Apportionment Section 7602. AMicu an Original surveyed township 

iL^e^div^de? 01" fractional township is situated in two or more counties, 
original sur- ^^^^ ^hc laiid g-raiitcd thereto by cong^ress for the support of 

veyed town- ^ , ■, ^ , ^ ,- r 1 

ship. public schools has been sold, the auditor of the county to 

whose treasurer the interest on the proceeds of such sale is 
paid must apportion such interest to the counties in which 
such township is situated in proportion to the youth of the 
township enumerated in each. Such auditor shall certify 
to the auditor of each of the other counties the amount so 
ascertained to belong to the part of the township situated 
in his county, and transmit to the treasurer of each of such 
counties an order on the treasurer of his own county for 
such amount. The auditor of each county shall apportion 
the amount of such interest belonging to the part of the 
township in his county, to the districts or parts of districts 
entitled thereto as is provided for the apportionment of the 
state common school funds in section 7600, and certify and 
pay it to the proper school officers, as provided in section 
7601. 

HISTORY.— R. S. § 3966; 70 v. 195, §§ 121, 122; 72 v. 63, § 36; 104 v. 
158 (160). 

What certifi- Section 7603. The Certificate of apportionment fur- 

tkJnnfent^mus^ nishcd by the county auditor to the treasurer and clerk of 
each school district must exhibit the amount of money re- 
ceived by each district from the state, the amount received 
from any special tax levy made for a particular purpose, 
and the amount received from local taxation of a general 
nature. The proceeds of the levy of two and sixty-five 
hundredths mills, under section 7575, General Code, shall 
be emplo3^ed only for the payment of salaries of superin- 
tendents and teachers and other educational employes and 
the transportation of pupils. Funds received from special 
levies must be designated in accordance with the purpose 
for which the special levy was made and be paid out only 
for such purpose, except that, when a balance remains in 
such fund after all expenses incident to the purpose for 
which it was raised have been paid, such balance will be- 
come a part of the contingent fund, and the board of educa- 
tion shall make such transfer by resolution. Funds re- 
ceived from the local levy for school purposes must be 
designated so as to correspond to the particular purpose for 
which the levy was made. Moneys coming from sources 
not enumerated herein except for tuition of children of 
non-residents shall be placed in the contingent fund. 

HISTORY.— R. S. § 3967; 70 v. 195, § 60; 82 v. 92; 97 v. -350; 108 y. 
Pt. II 1303 (1309); 109 v. 150. For the time at which the amendment of this 
section in lOS v. Pt. II 1303 takes effect ,see 108 v. Pt. II 1303 (1313), § 3. 



show. 



SCHOOL FUNDS 



217 



A board of education may not provide that the superin- 
tendent of schools shall receive, in addition to his stated salary, all 
funds received for tuition of non-resident pupils, for the reason 
that such payment would not be a fixed salary as intended by sec- 
tion 7690 G. 'C, and v;ould be in contravention of section 7603 G. C, 
which provides for special distribution of the respective funds under 
the control of the board. Op. Atty. Gen. (1912), p. 491. 

The amount of tuition received by the school districts from 
outside districts should be placed in the contingent fund of the 
district receiving such payments, except where two or more school 
districts have joined to establish a joint high school in w^hich latter 
event the provisions of section 7595-4 G. C. apply on and after 
August 18, 1919. 

Under section 7690 G. C. a board of education may use its 
contingent fund in the pa3'ment of a superintendent, after the 
tuition fund has proved inadequate. Op. Atty. Gen. (1919) p. 1007. 

See opinions of Attornev General, Xo. 1865 (1921). cited under 
Sec. 7730-1. 

Section 7604. That within thirty days after the first Deposit of 
Monday in January, 19 16. and every two years thereafter, 
the Board of Education of any school district by resolution 
shall provide for the deposit of any or all moneys coming 
into the hands of its treasurer. But no bank shall receive 
a deposit larger than the amount of its paid in capital 
stock and in no event to exceed one million dollars, except 
that in case the Board of Education shall find that it will 
be for the best interests of any school district such bank 
shall be permitted to receive an amount in no event to ex- 
ceed five million dollars. 



school funds; 
limitation of 
amount in one 
bank. 



HISTORY.— R. S. 
290; 10^ V. 325: lOS v. Pt. 



; S96S; 75 v. 526. § 56; 81 v. 26; 
I -20; 1C9 V. 216. 



V. 351; 101 V. 



Section 7604 of the General Code makes it mandatory upon 
the board of education of a school district to establish a depository 
and when it fails so to do legal proceedings may be invoked to 
compel the same. Op. Atty. Gen. (1912) p.>29. _ 

Held that a private bank owned by an individual has "no paid 
in capital stock" and therefore cannot be made a public depository 
of the funds of a school district under section 7604 G. C. Op. Attv. 
Gen. (1912), p. 1197. 

Held on a consideration of the provisions of this and following 
sections of the General Code providing for the deposit of the 
funds of the school district, and of the provisions of section 7613 
G. C. and related statutes requiring the board of education to set 
aside and appropriate funds for the use of the sinking fund com- 
mission, that the custody of such funds set aside and appropriated 
for the use of the sinking fund commission resides with the board 
of education while the control of the same is vested in the sinking 
fund upon requisition directed to the board. Op. Atty. Gen. (1913), 
p. 260. 

The treasurer of a school district who deposits money in a 
bank -other than in conformity to the provisions of the deoository 
law is. together with the sureties upon his bond, responsible for 
losses sustained on failure of the bank. Mere knowledge on the 
part of the board of education of such deposit does not relieve the 
treasurer and his sureties of the liability. Op. Atty. C^en. (1915). 
p. 84. 

The library funds of a school district follow the school funds 
of such district into the depository provided for said fund by the 
board of education of the district under authority of sections 7604 
et seq. G. C. ' 

Where the board of education of a city school district has 
provided a depository for the funds of such city and has dis- 



2l8 SCHOOL FUNDS 

pensed with the position of treasurer of said funds under authority 
of section 4782 G. C. the clerk of said board having succeeded to the 
duties of treasurer of said funds under provision of the latter part 
of said section 4782 G. C. is treasurer of the library fund of said 
district. 

Where the board of education of a village or rural school 
district has provided a depository for the funds of said district and 
has dispensed with the position of treasurer of said funds, the 
clerk of the school district is treasurer of the library fund of the 
district. Op. Atty. Gen. (1915), p. 2309. 

The treasurer of village or township funds who continues to 
act as treasurer of the school fund of the district after a depository 
has been provided under section 7604 at seq. G. C., is not entitled to 
compensation for such service. Op. Atty. Gen. (1917), p. 192. 

A contract establishing a depository as provided by G. C. 7604 
et seq., was made on January 31, 1916, for one year. Held that 
the board of education should enter into a new contract to extend 
to the period v/ithin thirty days after the first Monday of January, 
1918. Op. Atty. Gen. (1917), p. 142. 

Money in the sinking fund of a school district must remain 
in the custody of a school board and its treasurer and the sinking 
^ fund commissioners exercise control of such money only through 
the officers of the school board. The sinking fund commissioners 
may withdraw funds for its own purpose only by requisition di- 
rected to the board of education. Op. Atty. Gen. (1917), p. 720. 

The surplus and undivided profits of a bank, whether incorpo- 
rated or unincorporated, do not constitute a part of its "paid in 
capital stock" for the purpose of the school district depository law. 
Op. Atty Gen. (1918), p. 1435. 

The amount of school funds that may be deposited in a bank 
by a board of education under authority of section 7604 G. C. can- 
not, in any case, or under any circumstances, exceed the amount 
of the bank's paid in capital stock. Op. Atty. Gen. No. 2986, Apr. 
13, 1922. 

See opinions of Attorney General No. 2844 (1922), cited under 
Sec. 4763. 

Deposit, when SECTION 7605. In school districts containing two or 

faS'^two^or "^o^^ banks such deposit shall be made in the bank or banks, 

more banks; situated therein, that at competitive bidding offer the high- 

pository. ^" est rate of interest which must be at least two per cent, for 

the full time funds or any part thereof are on deposit. 

Such bank or banks shall give a good and sufficient bond, 

or shall deposit bonds of the United States, the state of 

Ohio, or county, municipal, township or school bonds 

issued by the authority of the state of Ohio, at the option 

of the board of education, in a sum not less than the 

amount deposited. The treasurer of the school district 

must see that a greater sum than that contained in the 

bond is not deposited in such bank or banks and he and his 

bondsmen shall be liable for any loss occasioned by deposits 

in excess of such bond. But no contract for the deposit 

of school funds shall be made for a longer period than two 

- years. 

HISTORY.— R. S. § 3968; 75 v. 526, § 56; 81 v. 26; &7 v. 351; 101 v. 
290; 106 V. 328. 

The duty of the board of education to deposit the money of 
the school district on competitive bidding is such an obliga;tion of 
public interest and right as to permit an individual taxpayer to 
maintain a mandamus suit to compel such action upon the part of 
the board of education. Op. Atty. Gen. (1911), p. 372. 



SCHOOL FUNDS 219 

Inasmuch as it is mandatory upon the board of education to 
place the deposits in the bank offering the highest rate of interest 
for the same, members of the board of education who are stock- 
holders in, or officers of, the bank making the best bid are not 
criminally liable for making such bank the depository. Op. Atty. 
Gen. (1912), p. 1246. 

It is not necessary for a county treasurer to give a bond as 
school treasurer, when he becomes the treasurer of the school 
funds of a village or rural school district. Op. Atty. Gen. (1914), p. 
1765. 

The treasurer of a school district who deposits money in a 
bank otherwise than in conformity to the provisions of the de- 
pository law is, together with the sureties upon his bond, respon- 
sible for losses sustained by failure of the bank. Mere knowledge 
by the board of education of such deposit does not relieve the 
treasurer and his sureties of the liability. Op. Atty. Gen. (1915), 
p. 84. 

The board of education of a school district in which but one 
bank is located having determined by resolution to invite bids from 
the several banks in the county, including the banks located in said 
school district, should let the contract for the deposit of its funds 
to the bank or banks offering the highest rate of interest for the 
full time the funds, or any part thereof, are on deposit. Op. Atty. 
Gen. (1915), p. 936. 

For prescribed form of hypothecation of bonds as collateral 
security for the deposit of funds of a school district in a bank duly 
designated as a depository for such funds under provisions of sec- 
tion 7604 et seq. G. C. see Op. Atty. Gen. (1916), p. 388. 

Where two banks are located in the school district, one with 
a paid in capital stock of $50,000 and the other with a paid in 
capital stock of $25,000, the board of education may designate 
either or both of said banks as a depository for the school funds. 

Where more money comes into the hands of the board of 
education through the issue of bonds than can lawfully be de- 
posited in the banks of such district by reason of the limit of the 
paid in capital stock of such bank or banks being reached, such 
board may contract with outside banks for the excess. 

If a board of education fails or refuses to establish a de- 
pository for its school funds the members of such board become 
liable in a sum of at least two per cent, on the average daily bal- 
ance of such funds and shall also be liable for any loss of such 
funds. Op. Atty. Gen. (1917) p. 1658. 

Where a member of a board of education is also a director and 
stockholder of a bank, which with two other banks, has bid the same 
and highest rate of interest for the deposit of the funds of such 
board of education, such funds should be apportioned between the 
three banks offering such highest rate of interest. Such award 
would not be invalid under section 4757 G. C., because of the in- 
terest of the member of the board of education. Op. Atty. Gen. 
(1918), p. 337. 

Where a school district contains two or more banks, and the 
board of education has used its best efforts without avail to secure 
bids for the deposit of the school funds under section 7605 G, C., 
and such board finds that there are no other banks "conveniently 
located" as provided in section 7607 G. C., and such funds are de- 
posited in the county treasury under authority of section 4763 G. 'C, 
the members of such board are not liable for interest on the school 
fund as provided in section 7609 G'. C. 

It is within the discretion of the board of education to de- 
termine when banks are "conveniently located" within the meaning 
of section 7607 G. C., and the bureau of inspection and super- 
vision of public offices cannot control such discretion, except in 
case of fraud, collusion, or clear abuse of such discretion. 

The phrase "conveniently located" as used in section 7607 G. C, 
cannot be defined so as to apply in all cases. It should be con- 
sidered in connection with the particular circumstances of each 
case. Op. Atty. Gen. (1918), p. 402. 



-'-^O - SCHOOL FUNDS 

Bids. Section 7606. The board shall determine in such 

resolution the method by which bids shall be received, the 
authority which is to receive them, the time for which such 
deposits shall be made and all details for carrying into 
effect the authority herein given. All proceedings in con- 
nection with such competitive bidding and deposit of 
moneys must be so conducted as to insure full publicity 
and shall be open at all times to public inspection. If in 
the opinion of a board of education there has been any 
collusion between the bidders, it may reject any or all bids 
and arrange for the deposit of funds in a bank or banks 
without the district as hereinafter provided for in districts 
not having two or more banks located therein. 

HISTORY.— R. S. § 3968; 75 v. 526, §56; 81 v. 26; 97 v. 351. 

In receiving bids and letting a contract for the deposit of 
public funds by a board of education, under sections 7606 and 
7608, General Code, providing that full publicity be given in con- 
nection therewith, such provisions are mandatory, and substantial 
compliance therewith must be had. 

Where a board of education directs its clerk to give notice 
of the receiving of bids for the deposit of the funds of the district, 
under section 7606, General Code, and the clerk in pursuance 
thereof gives only verbal notice to the banks within the district, 
such notice cannot be said to meet the demands of the statute pro- 
viding that all proceedings in connection with such competitive 
bidding and deposit of moneys must be so conducted as to insure 
full publicity. State, ex rel., v. Kenton Board of Education. 103 
O. S. 54. (July 5, 1921.) 

Contract of SECTION 7607. Ill all school districts containing less 

bank? "'^ ^^^^ ^^^^ banks, after the adoption of a resolution provid- 
ing for the deposit of its funds, the board of education may 
enter into a contract with one or more banks that are con- 
veniently located and offer the highest rate of interest, 
which shall not be less than two per cent, for the full time 
the funds or any part thereof are on deposit. Such bank 
or banks shall give good and sufficient bond, or shall deposit 
bonds of the United States, the state of Ohio, or county, 
municipal, township or school bonds issued by the authority 
of the state of Ohio, at the option of the board of educa- 
tion, in a sum at least equal to the amount deposited. The 
treasurer of the school district must see that a greater 
sum than that contained in the bond is not deposited in 
such bank or banks, and he and his bondsmen shall be liable 
for any loss occasioned by deposits in excess of such bond. 

HISTORY.— R. S. § 3958; 75 v. 526, § 56; 81 v. 26; 97 v. 351; 101 v. 290. 

The deposit of the funds of a school district wherein there 
is no bank is governed by section 7607 G. C, which provides for a 
contract by the board with a conveniently located bank offering 
the highest interest. Such a contract is within section 4757 G. C, 
and such contract when made by and between the board of educa- 
tion and the bank is void if a member of the board of education is 
both a stock holder and director in such bank. Op. Atty. Gen. 
(1912), p. 254. 

The board of education of a village _ school district within 
which there is no bank cannot contract without publicity with a 
bank outside of said school district for the deposit of school funds 
when a member of the board of education is a director and stock- 



SCHOOL FUNDS 



221 



holder in said bank for two reasons : First, section 7607 and sec- 
tion 7608 G. C, in such case require such proceedings to be suffi- 
ciently public to enable banks conveniently located to compete for 
the contract and thereby enable the board to select the bank offer- 
ing the highest rate of interest; second, under section 4757 G. C, 
such a contract is void when a member of such board of education 
is pecuniarly interested as a stockholder in such contracting bank. 
Op. Atty. Gen. (1912), p. 295. 

The board of education of a school district in which but one 
bank is located, having determined by resolution to invite bids from 
the several banks in the county, including the bank located in said 
district, should let contracts for the deposit of its funds to the 
bank or banks offering the highest rate of interest for the full 
time the funds, or any part thereof, are on deposit. Op. Atty. Gen. 
(1915), p. 936. 

Where a contract was entered into under the provisions of 
this section establishing a bank as a depository of the school funds 
on January 31, 1916, for a period of one year, held that the board 
of education should enter into a new contract for the deposit of 
its funds for a period extending to within thirty days after the 
first Monday in January, 1918. Op. Atty. Gen. (1917), p. 142. 

Section 7608. The resolution and contract in the what resoiu- 
next four preceding sections provided for, shall set forth J^^jj to con- 
fully all details necessary to carry into effect the authority 
therein given. All proceedings connected with the adoption 
of such resolution and the making of such contract must be 
conducted in such a manner as to insure full publicity and 
shall be open at all times to public inspection. 

HISTORY.— R. S. § 3968; 75 v. 526, § 56; 81 v. 26; 97 v. 351. 

A board of education of a village school district within which 
there is no bank cannot contract without publicity, with a bank for 
the deposit of the school funds, when a member of the board of 
education is a director and stockholder in said bank for two 
reasons : First, Section 7607 and Section 7608 of the General 
Code require such proceedings to be sufficiently public to ena-ble 
banks conveniently located to compete for the contract; and thereby 
enable the board to select the bank offering the highest rate of in- 
terest ; and second, under Section 4757 of the General Code such a 
contractus void where a member of the board of education is 
pecuniarly interested as a stockholder in such contracting bank. 
Op. Atty. Gen. (1912), p. 295. 



Section 7609. When a depository is lawfully pro- 
vided, and the funds are deposited therein, the treasurer 
of the school district and his bondsmen shall be relieved 
from any liability occasioned by the failure of the bank or 
banks of deposit or by the failure of the sureties therefor, 
or by the failure of either of them, except as above pro- 
vided in cases of excessive deposits. Upon the failure of 
the board of education of any school district to provide a 
depository according to law the members of the board of 
education shall be liable for any loss occasioned by their 
failure to provide such depository, and in addition shall 
pay to the treasurer of the school funds two per cent on 
the average daily balance on the school funds during the 
time said school district shall be without a depository. Said 
moneys may be recovered from the members of the board 
of education for the use and benefit of the school funds of 



When treasurer 
not liable. 



When boarcT of 

education 

liable. 



222 



SCHOOL FUNDS 



First mortgage 
loans as secur- 
ity for deposit 
of public 
money. 



When county 
commissioners 
shall make 
levy. 



the district upon the suit of any taxpayer of the school dis- 
trict. 

HISTORY.— R. S. § S968; 75 v. 526, § 56; 81 v. 26; 97 v. 351; 101 v. 
290; 106 V. 828 (329). 

The treasurer of a school district who deposits money in a 
bank otherwise than in conformity to the provisions of the school 
funds depository law, is, together with the sureties upon his bond, 
responsible for losses sustained by failure of the bank. Mere 
knowledge by the board of education of such deposit does not re- 
lieve the treasurer and his securities of liability. Op. Atty. Gen. 
(1915), p. 84. 

If a board of education fails or refuses to establish a deposi- 
tory for its school funds the members of such board shall become 
liable in the sum of at least 2 per cent, on the average daily balance 
of such funds and shall also be liable for any loss of such funds. 
Op. Atty. Gen. (1917), p. 1668. 

Section 2288-1. In addition to the undertaking or se- 
curity provided for in sections 2732, 4295, 7605 and 7607, 
it shall be lawful to accept first mortgages, or bonds se- 
cured by first mortgages bearing interest not to exceed six 
per cent per annum, upon unincumbered real estate located 
in Ohio, the value of which is at least double the amount 
loaned thereon. If the amount loaned exceeds one-half the 
value of the land mortgaged, exclusive of the structures 
thereon, such structures must be insured in an authorized 
fire insurance company, or companies, in an amotmt not 
less tharti the difference between one-half the value of the 
land exclusive of structures, and the amount loaned, and the 
policy or policies shall be assigned to the mortgagee. The 
value of such real estate shall be determined by valuation 
made under oath by two resident freeholders of the county 
where the real estate is located, who are conversant with 
real estate values. There shall be deposited with said 
mortgage, an abstract 'of title made by some competent 
person or persons or company, accompanied by the opinion 
of a competent attorney, which opinion shall certify that 
the mortgage is a first lien upon the premises mortgaged, or 
said title shall be guaranteed by a company organized 
under, and which has complied with the provisions of sec- 
tion 9850 of the General Code. 

HISTORY.— 106 V. 43i; 103 v, 719, § 1. 

Section 7610. If a board of education in a district 
fails in any year to estimate and certify the levy for a con- 
tingent fund as required by this chapter, or if the amount 
so certified is deemed insufficient for school purposes, the 
commissioners of the county to which such district be- 
longs, upon being advised and satisfied thereof, shall per- 
form any or all such duties and acts, in the same manner as 
the board of education by this title is authorized to per- 
form them. 



HISTORY.— R. s. 



69,. § 59; 97 v. 852; 99 v. 51; 107 v. 621 



(623). 

This section does not authorize the county commissioners to 
interfere with the judicial acts of a board of education unless such 
acts show a gross abuse of discretion. Board of Education vs. 



SCHOOL FUNDS 



223 



County Commissioners 10 O. N. P. (N. S.) 505; Board of Educa- 
tion vs. Shaul 4 O. N. P. (N. S.) 433. 

If the levy made by a board of education for school purposes 
is insufficient, the remedy is by ap^plication to the county commis- 
sioners in this section. State ex rel. vs. School District 20 O. C. C. 
(N. S.) 423, 76 O. S. 637. 

Where under Section 7610 G. C, the commissioners, by reason 
of the failure of the board of education to do so, have made an 
appointment to fill a vacancy on such board of education, such ap- 
pointment can be made only for the unexpired term. Op. Atty. 
Gen. (1912), p. 1146. 

See opinions of Attorney General (1916), p. 79 , cited under 
Sec. 7713. 

Where the county board of education has assumed control of 
the schools in a local school district under the provisions of section 
7610-1 G. C, the moneys expended by the county board in such 
local district become a charge against the local district and the 
amounts so paid from the general fund in the county treasury by 
the county board of education shall be retained from the proper 
funds due such local school district at the time of making the semi- 
annual distribution of taxes. 

Where the county board of education has assumed control of 
the schools in a local school district because of the default of the 
local board and the funds of such local district are exhausted, it 
becomes the duty of the board of education in the local district to 
raise the money necessary to meet the obligations incurred in such 
district by the county board of education in keeping the schools 
going. 

For local school purposes boards of education in local districts 
may levy a tax to the extent of three mills irrespective of all 
limitations upon vote of the electors, as set forth in sections 5649-4, 
5649-5 and 5649-5a G. C. 

For the funding of those obligations which are valid, existing 
and binding, including the pay of teachers, janitors and school 
drivers, local boards of education may borrow, or issue bonds with- 
out a vote of the electors, in the manner provided in sections 5656 
and 5658 G. C. Op. Atty. Gen. No. 1889, Mar. 2, 1921. 

Section y 610-1. If the board of education in a dis- county board 
trict under the supervision of the county board of educa- may act on 
tion fails to provide sufificient school privileges for all the tl-lft^board. ^^" 
youth of school age in the district, or to provide for the 
continuance of any school in the district for at least thirty- 
two weeks in the year, or to provide for each school an 
equitable share of school advantages as required by this title, 
or to provide suitable school houses for all the schools under 
its control, or to elect a superintendent or teachers, of to 
pay their salaries, or to pay out any other school money, 
needed in school administration, or to fill any vacancies in the 
board within the period of thirty days after such vacancies 
occur, the county board of education of the county to which 
such district belongs, upon being advised and satisfied, 
thereof, shall perform any and all of such duties or acts, in 
the same manner as the board of education by this title is 
authorized to perform them. But in a city district, or in 
an exempted village district, the probate court, or in coun- 
ties in which the probate court and the court of common 
pleas have been combined, the court of common pleas, upon 
being advised and satisfied thereof, shall act instead of the 
county board of education. All salaries and other money 
so paid by the county board of education, or by the probate 



224 SCHOOL FUNDS 

court, or by the court of common pleas, shall be paid out 
of the county treasury from the general fund on vouchers 
signed by the president of the county board of education, or 
by the judge of the probate court, or by the judge of the 
court of common pleas, as the case may be, but they shall 
be a charge against the school district for which the money 
was paid. The amount so paid shall be retained by the 
county auditor from the proper funds due to such school 
district, at the time of making the semi-annual distribution 
of taxes. 

HISTORY.— 107 V. 621 (623); 1C9 v. 553. 

A county board of education has no right under Section 7610-1 
G. C. (1€7 O. L. 623), to establish a high school in a village district 
where the village board of education refuses to do so. Op, Atty. 
Gen. (1917) p. 1640. 

Held that where a school district neglects to pay an obligation 
incurred by it bj^ reason of the attendance of pupils of such district 
at a high school in another school district, the county board of 
education upon investigation shall make such payments as are 
necessary and charge the same against the board of education of 
the school district primarily liable. Op. Atty. Gen. (1919), p. 547. 

The fact that a board of education has determined to erect a 
new school building and has submitted the question of a bond issue 
for the same to the electors of the district and has issued said 
bonds and received the money to build said building, but neglects or 
refuses to proceed with the erection thereof, is not such neglect of 
duty, in the absence of other facts, in "violation of the powers 
enumerated in section 7610-1 G. C. that will warrant the county 
board of education to perform the duties of the local board in 
erecting said building. Op. Atty. Gen. No. 1792, Jan. 15, 1921. 

Where a board of education refuses or neglects to pay its 
normal or deficiency contributions to the state teachers retirement 
system, such local board of education is in dereliction of its duty 
and recourse should be had by those concerned to the provisions 
of section 7610-1, which provides that the county board of educa- 
tion, or the probate court, as the case may be, shall discharge the 
duties which have been neglected by the local board of education, 
and where money has been paid out from the county general fund 
by those authorized for the local board of education, such sum 
shall be a charge against the school district for which the money 
was paid. Op. Atty. Gen. N^. 3149, May 26, 1922. 

See op'inions of Attorney General No. 3115 (1922), cited under 
Sec. 7622-4. 



members. 



Personal Ha- SECTION 7611. The niembcrs of a board who cause 

^^Il^uZi ^^^""^ ^'^'^^^ failure shall be each severally liable, in a penalty not 
to exceed fifty dollars nor less than twenty-five dollars, to 
be recovered in a civil action in the name of the state upon 
complaint of any elector of the district, which sum must 
be collected by the prosecuting attorney of the county and 
when collected, be paid into the treasury of the county, for 
the benefit of the school or schools of the district. 

HISTORY.— R. S. § 3969; 72 v. 59, § 59; 97 v. 352; 99 v. 51. 

See opinions of Attorney General (1916), p. 796, cited under 
Sec. 7713. 

Duty of Section 7612. The auditor of each county shall col- 

county -auditor, jg^t, or causc to bc collectcd, all fines and other money for 

the support of common schools in his county, and pay them 

tn the county treasurer. He also must inspect all accounts 



SCHOOL FUNDS 22$ 

of interest accruing on account of section sixteen, or other 
school lands, whether it is payable by the state or by the 
debtors ; and take all proper measures to secure to each 
school district in his county the full amount of school funds 
to which it is entitled. 

HISTORY.-R. S. § 3970; 70 v. 195, § 120. 

Section 8369. From the proceeds of such property, Disposition oi 
such person, association, or company, shall pay all the safe^^by^c(?m- 
necessary costs and expenses of the sale, and all proper mon carriers, 
charges for freight and storage of the property sold, ap- 
portioning such expenses and' charges, as near as may be, 
among the articles sold, to the amount received for each 
and hold any overplus, subject to the order of the owner 
thereof, at any time within one year after the sale, upon 
proof of ownership by affidavit of the claimant or his at- 
torney. After the expiration of one year, all such sums 
unclaimed shall be paid into the state treasury, to be placed 
to the credit of the common schools. Any article remaining 
unsold may be again offered as above provided, until sold. 

HISTORY. — R. S. § 3225; 74 v. 18, § 4; S. & S. 94; S. & C. 258. 

Section 2924. When a tree or trees standing or injuries to 
growing on any land belonging to the state, or to any school ^hooi lands, 
district, are, without lawful authority, cut down, or in any 
way injured, the prosecuting attorney shall prosecute the 
wrong-doer, and seize all timber so cut down if it can be 
found, and sell it at public vendue on five days' notice. 
After the payment of any fees due the county surveyor for 
information in such cases, he shall pay the proceeds into 
the county treasury to the credit of the auditor of state or 
school district, as the case may be. 

HISTORY.-R. S. § 1279; 40 v. 57, §§ 1, 3; S. & C. 442; S. & C. 445. 

Section 5814. Suits to recover the penalties provided How penalties 
for in section fifty-eight hundred and ten shall be brought collected, and 

■ ^1 J- ^1 ^^ c r\^ • 1 • ^ c disposition 

m the name of the state of Ohio, on complamt of a person thereof to 
aggrieved, before a justice of the peace, or other court ^^^°°^ ^""^• 
having jurisdiction where the offense is committed. The 
person offending shall pay the amount of penalties adjudged, 
with costs. Money collected as penalties shall be paid into 
the treasury of the township where such offense was com- 
mitted, for the use of common schools therein. 

HTSTORY.-R. S. § 4204; 62 v. 185, § 3; S. & S. 8; S. & C. 72. 

Section 9405. Every corporation which shall violate penaity to be 
any of the provisions contained in section 040^, or in sec- paid into 

,• \ .^ . ^ . ^ -^ ' ,»-" , common 

tion 9404, snail lorieit and pay any sum not less than one school fund. 
hundred dollars nor exceeding five hundred dollars, to be 
recovered by action in the name of the state and the amount 
so recovered, shall be paid to the county treasurer for the 
benefit of the common school fund. 

history.- R. S. § 3631-5; 90 v. 845, § 2; 86 v. 220; 102 v. 509. 
15 S. L. 



226 



SCHOOL FUNDS 



Forfeitures to 
be paid into 
state common 
school fund. 



Limitations 
on action to 
forfeit char- 
ter of cor- 
poration. 



Section 9591. The statement of such a company, 
whose capital is composed in whole or part of notes, in 
addition to what is above required, shall exhibit the amount 
of notes which originally formed its capital, and also what 
proportion of such notes is still held by the company and 
considered capital. Every company organized under a law 
of this state which fails to make and deposit such statement, 
or to reply to an inquiry of the superintendent of insurance 
with respect to it, shall be subject to a forfeiture of five 
hundred dollars, and an additional five hundred dollars for 
every month it thereafter continues to transact any business 
of insurance, to be recovered by action in the name of the 
state, and, on collection, paid into the state treasury for 
the benefit of the state common school fund. 

HISTORY.— R. S. § 3655; 84 v. 5; 83 v. 416; 69 v. 140, § 19; S. & S. 212. 

Section 12340. Nothing in this chapter contained 
shall authorize an action against a corporation for for- 
feiture of charter, unless it be commenced within five years 
after the act complained of was done or committed; nor 
shall an action be brought against a corporation for the 
exercise of a power or franchise under its charter, which 
it has used and exercised for a term of twenty years; nor 
shall an action be brought against an officer to oust him 
from his office, unless within three years after the cause 
of such ouster, or the right to hold the office, arose. 

history.— R. S. § 6789; 36 v. 68, § 26; S. & C 1270. 

A school district was 'incorporated and acted as a corporation 
for thirty-eight years, and then quo warranto was brought by the 
state against the individual members of its board of education, 
but the district was not made a party ; limitation was pleaded, 
against which it was urged that G. C. § 12340 did not apply against 
the state. Judgment of ouster : Hamlin v. State, ex. rel., 22 
Bull. 279. 



Disposition 
of fines in 
quo warranto 
proceedings. 



Section 12343. Fines collected under the provisions 
of this chapter must be paid into the treasury of the proper 
county for the use of the common schools therein. 

history.— R. S. § 6792; 36 v. 68, § 25; S. & C. 1270. 



Sale of 
unclaimed 
stolen prop- 
erty. 



Section 12465. Property stolen, embezzled or ob- 
tained under false pretenses, remaining in the possession of 
an officer and unclaimed by the owner for three months 
after the trial of the person charged with the larceny, 
embezzlement or false obtaining thereof, or for one year 
after the property came into the custody of such ofiicer, if 
the person so taking it is not arrested, or being arrested 
escapes, shall be sold at auction to the highest bidder under 
the direction of the prosecuting attorney, after public notice 
of such auction in a newspaper printed in the county. 

history.— R. S. §§ 1280, 1281; 66 v. 287, §§ 209, 210. 



SCHOOL FUNDS 227 



Section 12466. The proceeds of such sale shall be Proceeds of 
paid to the treasurer of the county for the use of the com- f^^^^^ ^^^°' 
mon school fund. 

HISTORY.— R. S. § 3280; 66 v. 287, § 209. 

Section 13007. The fines collected under this sub- Fines paid 
division of this chapter shall inure to the benefit of the iu^^d accrl- 
school fund of the district where the offense was committed, ing from 

offenses 
HISTORY. — 99 V. 32, § 3. against 

minors. 



CHAPTER 14 
SCHOOL DISTRICT SINKING FUND AND ISSUE AND SALE OF BONDS 



Section 



7615. 
7616. 



7617. 



7618. 
7619. 



1465-58. 



1465-68a 



2294. 
2295. 



2295-1. 



2295-2. 



2295-3. 



2295-4. 
2295-5. 



2295-6. 



2295-8. 



2295-9. 



Appointment of board of commis- 
sioners of sinking fund of school 
district. 

Investment of sinking fund. 
Sinking fund commissioners may is- 
sue refunding bonds. 

Report of sinking fund commission- 
ers. 

Payment of bonds and interest. 

Bonds issued by board of education 
to be first offered to board of 
commissioners of sinking fund. 

Bonds of school district to be of- 
fered to industrial commission of 
Ohio after rejection by board of 
commissioners of sinking fund of 
school district. 

Industrial commission to determine 
denomination of bonds purchased 
by it; how such bonds to be 
printed. 

How sale of school bonds to be ad- 
vertised. 

Amount for which school bonds may 
be sold. When same may be 
sold at private sale. 

Signatures on bonds of city school 
district may be certified by reg- 
istrar. 

City school districts authorized to 
appoint registrar; how compensa- 
tion to be paid. 

Certified transcript of proceedings, to 
be furnished to the successful 
bidder for school bonds. 

Penalty for certifying false tran- 
script or statement. 

Reissue of lost or destroyed bonds 
or certificates. 

Definitions of terms in act relating 
to issue of bonds by political 
subdivisions. 

School districts not to create or in- 
cur indebtedness for current op- 
erating expenses. 

Issuance by political subdivisions of 
bonds to pay judgment on non- 
contractual obligations. 

Maturities of bonds issued by politi- 
cal subdivisions for various pur- 
poses. 



Section 

I 2295-10. Fiscal officer of political _ subdivision 
to certify to bond issuing au- 
thority maximum maturity of 
bonds of indebtedness. 

I 2295-11. Interest on bonds to be included in 
cost of construction of building, 

\ utility or improvement. 

2295-12. Bonds issued by school districts and 
other political subdivisions to be 
serial bonds maturing in substan- 

I tially equal annual installments. 

j 2295-13. All moneys collected from taxes or 
other sources for the payment of 

I final judgments against political 

! subdivision to go into separate 

j "judgment fund." 

I 2295-14. Board of sinking fund commissioners 
of school district to exercise 
powers under existing laws to 
retire outstanding bonds of school 
district. 

5664. Proceeds of special tax or bond issue 

not to be used for other purposes; 
1 transfer of surplus. 

5665. Board of ^education may issue cer- 

tificates of indebtedness in antici- 
pation of the collection of current 
revenues. 

5656. Board of education may issue bonds 

for purpose of funding existing 
indebtedness, when. 

5657. Issue of bonds for the purpose of 

funding existing bonded indebted- 
ness at lower rate of interest. 

5658. Indebtedness of school district not 

to be funded unless same deter- 
nained to be existing valid and 
binding obligation. 
■ 5659. Levy of taxes to pay principal and 

interest on funding bonds. 
5659-1 . Board of education authorized . to 
issue bonds when 50% tax coi- 
tion is enjoined. 
5659-2. Application to payment of bonds of 

moneys thereafter received. 
710-111. Securities designated in which in- 
I vestment may be made. 

9660. Idle funds of building and loan asso- 

ciation; how invested. 



pro- 
vide funds; 
management 
and control. 



Section 7614. The board of education of every dis- 
trict shall provide by a tax levy for the payhient of the 
annual interest on its bonded indebtedness, for the pay- 
ment of its serial bonds as they mature, and for a sinking 
fund for the extinguishment of its other bonded indebted- 
ness, which funds shall be managed and controlled by a 
board of commissioners designated as the "board of com- 
missioners of the sinking fund of " 

(inserting the name of the district)' which shall be com- 
posed of five electors thereof, and be appointed by the com- 
mon pleas court of the county in which such district is 
chiefly located, except that, in city or village districts the 
board of commissioners of the sinking fund of the city 

(228) 



SINKING FUND AND ISSUE AND SALE OF BONDS 229 

or village may be the board of the school district. Such 
commissioners shall serve without compensation and give 
such bond as the board of education requires and approves. 
Any surety company authorized to sign such bonds may be 
accepted by such board of education as surety. The cost 
thereof, together with all necessary expenses of such com- 
missioners, shall be paid by them out of the funds under 
their control. 

HISTORY.— R. S. § 3970-1; 90 L. L. 97; 97 v. 352, § 1; 109 v. 345. 

The board of commissioners of the sinking fund of a school 
district appointed under this section, is entitled to the management 
and control of said fund for the payment of debts and investment 
of the surplus without dictation, but it is not entitled to the custody 
or possession of the moneys of said fund. Orders drawn on said 
fund must be drawn by the president and clerk of the board of 
education in favor of the person entitled thereto upon requisition 
made upon them by said board of sinking fund commissioners. 
State ex rel vs. Board of Education 3 O. N. P. (N. S.) 401. 

Upon failure of the court of common pleas to appoint a board 
of smking fund commissioners under this section, the control of the 
sinking fund of the school district in a municipality devolves upon 
the trustees of the sinking fund of the municipality, and not upon 
the board of education of the school district. In such case an issue 
of bonds of the municipality should be offered to the board of 
trustees of the municipality in its capacity as such, and also in its 
capacity as the board of commissioners of the sinking fund of the 
school district, before the same are advertised and sold under sec- 
tions 3923 and 3924 General Code, Railway Company vs. Norwalk 
22 O. C. C. (N. S.) 590. 

Sections 7687 and 7613 G. C, provide for the creation of a 
sinking fund for the payment of bonds and interest out of the 
board of education levy, and Section 7614 provides for the ap- 
pointment of commissioners of the sinking fund, through the com- 
mon pleas court. 

These sections are mandatory and the interest on the money 
borrowed by reason of exhaustion of funds for the payment of 
teachers should be paid from such sinking fund and should not be 
paid from either the tuition or the contingent fund. Op. Atty. Gen. 
(1912), p. 1519. 

Where serial bonds are issued by a board of education for 
school district purposes. Section 11 of Article XII of the State Con- 
stitution requires provision to be made for an annual levy of taxes 
and for both Interest and sinking fund purposes during the entire 
number of years between the incurring of the Indebtedness and the 
date of the maturity of the last of the series; and where the reso- 
lution of the board of education providing for the issue of serial 
bonds bearing the date of March 1, 1918, by its terms provides 
that the first annual levy for interest and sinking fund purposes 
shall be made in 1919, such resolution is Illegal and not In conformity 
to the letter or spirit of said constitutional provision. Op. Atty. 
Gen. (1918), p. 634. 

See on same point Op. Atty. Gen. (1914), p. 1224. 

Held under a consideration of the provisions of this and re- 
lated statutes that the custody of funds set aside and appropriated 
by the board of education for the use of the sinking fund com- 
missioners rests with the board of education and Its treasurer, while 
the control of the same is vested in the sinking fund commission- 
ers ; and the commissioners of the sinking fund may withdraw 
moneys In such fund for their own proper purposes only by 
requisition directed to the board of education. Op. Atty. Gen. 
(1913), p. 260. 

Under Section 7614 G. C, it is the mandatory duty of a board 
of education having a funded debt,to levy taxes for the retirement 
of the bonds and for the payment of interest thereon, and to create 



230 



SINKING FUND AND ISSUE AND SALE OF BONDS 



a sinking- fund commission ; and even tliough such commission be 
not created, a levy specifically made for the payment of bonds and 
interest must be credited to the sinking fund and separated from 
other funds of the district. 

The purpose of the sinking fund cannot be considered to have 
been accomplished until the bonds for which it is intended to pro- 
vide, have been fully paid, and there is never a surplus in the sink- 
ing fund for the purposes of transfer until all bonds and interest 
outstanding are paid and discharged. Op. Atty. Gen. (1913), 
p. 1139. 

The resolution of a board of education providing for the is- 
suance of bonds for the construction or improvement of school 
property must provide for the annual levy and collection of taxes to 
pay the interest on said bonds, and to cover an aliquot part of the 
bonded indebtedness thus created. The tax levies on account of 
the principal of such bonds should not be made substantially dif- 
ferent for the several years during which the bonds are to run; 
and if such bonds are to be issued in series, and the sinking fund 
levies in the strict sense are not provided for, the levies on ac- 
count of principal being limited to that which is payable in any 
year, the series must be so arranged as that substantially equal 
amounts of principal shall mature in each year of the life of the 
bonds. Op. Atty. Gen. (1918), p. 873. 

Investment of SECTION 7615. The board of commissioners of the 

sinking funds, sinking fund shall invest that fund in bonds of the United 
States, of the state of Ohio, of any municipal corporation, 
county, township or school district of any state or in bonds 
of its own issue. All other funds received from such in- 
vestments shall be deposited as other funds of such sinking 
fund, and reinvested in like manner. For the extinguish- 
ment of any bonded indebtedness included in such fund, 
the board of commissioners may sell or use any of the 
securities or money of such fund. 



HISTORY.-R. S. 



J70-2; 90 L. L. 97; 97 v. 353; 98 v. 45, § 2. 



Sinking fund SECTION 76 1 6. The board of commissioners of the 

commissioners sinking^ fund m^ay refund, extend or renew the bonded debt 

may issue re- . . ^ . . .t , ' . . . . am 

funding bonds. 01 the school Qistrict or any part thereoi, existmg April 
25, 1904, by issuing the bond of such school district for 
such periods, not exceeding twenty years, in such denomina- 
tion, payable at such place and at a rate of interest not to 
exceed the rate previous to such refunding, extension or 
renewal. But the aggregate amount of the refunding, ex- 
tending or renewing bonds so issued shall not exceed that 
of the bonds so refunded, extended or renewed. 



HISTORY.— R. s. 



3970-3; 90 L. L. 97; 97 v. 353, 



Report of 
sinking fund 
commissioners. 



Section 7617. The board of commissioners of the 
sinking fund shall make an annual report to the board of 
education giving a detailed statement of the sinking fund 
for each year ending with August thirty-first. Such report 
must be filed with the board of education on or before 
September thirtieth of each year and other reports may be 
required by such board of education when deemed neces- 
sary. 



HISTORY.— R. s. 



>70-4; 90 L. L. 97; 97 v. 353; 98 v. 45, 



SINKING FUND AND ISSUE AND SALE OF BONDS 23I 

Section 7618. The board of education shall ap- Payment of 
propriate to the use of such sinking fund any taxes levied l^^t^fegf"^ 
for the payment of interest on its bonded indebtedness, to- 
gether with the sum provided for in section seventy-six 
hundred thirteen and seventy-six hundred fourteen. Sums 
so appropriated shall be applied to no other purpose than 
the payment of such bonds, interest thereon and necessary 
expenses of such sinking fund commission. 

HISTORY.— R. S. § S970-4; 90 L. L. 97; 97 v. S5S; 98 v. 45, § 4. 

After making the appropriation required by G. C, Sec. 7618, 
for necessary expenses of the sinking fund commission, the board 
of education is not required to fix an aggregate amount for cer- 
tain employees of the commission and apportion such amount 
among such employes. Op. Atty. Gen." (1920), p. 493, 

Section 7619. When a board of education issued Bonds issued 
[issues] bonds for any purpose, such issue first shall be ^l^^atwi °^ 
offered for sale to the board of commissioners of the sink- 
ing fund, who may buy any ,or all of such bonds at par. 
Within five days of the time when notice is given, the board 
shall notify the board of education of its action upon the 
proposed purchase. After that time the board of education 
shall issue any portion not purchased by such commission 
according to law. 

HISTORY.— R. S. § 3970^; 90 L. L. 97; 97 v. 353; 98 v. 45, § 4. 

Where specific power is given by the legislature authorizing a 
board of education to issue negotiable bonds for school purposes 
upon certain conditions prescribed, the regularity of the proceedings 
of the board cannot be disputed, where the bonds upon their face 
purport to have been issued under the law in question, and where 
they have been sold by the board and afterward passed into the 
hands of a bona fide holder. 

Mandamus is the proper remedy to compel the board to apply 
moneys already in their treasury for that purpose toward the pay- 
ment of such bonds, and to levy such taxes as may be necessary to 
complete such payment. State ex Robertson vs. Board of Educa- 
tion, Perrysburg Township, 27 O. S. 96. 

A board of education which, having first offered an issue of 
bonds to the board of the sinking fund commissioners of the school 
district and to_ the Industrial Commission of Ohio, has advertised 
the sale of said bonds bearing a certain rate of interest and has 
received no bids for the same, and which then proceeds by resolu- 
tion to raise the rate of interest on said bonds must again offer 
said bonds to the board commissioners of the sinking fund of the 
school district, if such there be, and then to the Industrial Commis- 
sion of Ohio prior to again advertising the same for sale. Op. 
Atty. Gen. (1915) p. 133. 

Where a school district has no bonded indebtedness and a 
board of sinking fund commissioners has not been created, the 
board of education of the district in the issue and sale of its bonds, 
is not required to procure the appointment of a board of commis- 
sioners of the sinking fund for the district before proceeding to 
offer such bonds to the Industrial Commission and to advertise 
and sell such bonds, or any part thereof not purchased by said 
Industrial Commission. Op. Atty. Gen. (1915), p. 407. 

Section 1465-58. The state industrial commission securities in 
shall have the power to invest any of the surplus or reserve which state in- 
belonging to the state insurance fund in bonds of the United mly'^hl in- 
states, the state of Ohio, or of any county, city, village or ^^^ted. 



232 



SINKING FUND AND ISSUE AND SALE OF BONDS 



Printing or 
lithographing 
of bonds. 



Denomination 
of bonds. 



school district, or any conservancy district of the state of 
Ohio, at current market prices for such bonds; provided 
that such purchase be authorized by a resolution adopted by 
the industrial commission and approved by the governor; 
and it shall be the duty of the boards or officers of the sev- 
eral taxing districts of the state in the issuance 
and sale of bonds of their respective taxing dis- 
tricts, to offer in writing to the state industrial 
commission, prior to advertising the same for sale, 
all such issues as may not have been taken by the 
trustees of the sinking fund of the taxing district so issuing 
such bonds; and said industrial commission shall, v^ithin 
ten days after the receipt of such written offer either accept 
the same and purchase such bonds or any portion thereof at 
par and accrued interest, or reject such offer in writing; 
and all such bonds so purchased forthwith shall be placed 
in the hands of the treasurer of state, who is hereby desig- 
nated as custodian thereof, and it shall be his duty tO' collect 
the interest thereon as the same becomes due and payable, 
and also the principal thereof, and to pay the same, Avhen 
so collected, into the state insurance fund. The treasurer 
of state shall honor and pay all vouchers drawn on the 
state insurance fund for the payment of such bonds when 
signed by any two members of the state industrial com- 
mission, upon delivery of said bonds to him when there is 
attached to such voucher a certified copy of such resolution 
of the state industrial commission authorizing the purchase 
of such bonds ; and the state industrial commission may sell 
any of said bond upon like resolution, and the proceeds 
thereof, shall be paid by the purchaser to the treasurer of 
state upon delivery to him of said bonds by the treasurer. 

HISTORY.— 103 V. 76; 109 v. 525. 

Section i465-58a. All bonds of any taxing district 
of Ohio purchased by the industrial commission of Ohio 
shall be printed or lithographed upon paper of the size and 
the interest coupons shall be attached thereto in the manner 
required by the industrial commission. The principal and 
interest of such bonds shall be payable at the office of the 
treasurer of the state of Ohio. Such bonds shall be of the 
denomination required by the industrial commission in its 
resolution to purchase, or the industrial commission may in 
its resolution to purchase require that all bonds of any series 
of bonds purchased by it from any taxing district of Ohio 
shall be consolidated and issued as one bond, the principal 
amount of which shall be equal to the aggregate amount of 
all the bonds of said series, which principal together with 
the interest thereon, shall be payable in installments evi- 
denced by and payable upon the surrender of combined 
principal and interest coupons attached thereto, which 
coupons shall each separately state the amounts of principal 
and interest included therein. The proper officers of each 
taxing district issuing such bonds are hereby authorized 
and required without additional procedure or legisla- 



SINKING FUND AND ISSUE AND SALE OF BONDS 



233 



tion on their part to comply with the provisions of this act, 
except that the proper accounting officer of such taxing dis- 
trict and the secretary of its sinking fund shall make and 
keep a detailed record of any such changes required by the 
industrial commission. Provided, however, that the in- 
dustrial commission shall not be authorized to change the 
date of any part of the principal or interest of any bond 
issue, nor shall it require a bond of any issue to be a larger 
denomination, nor any partial payment of principal to be of 
greater amount than the aggregate amount of such issue 
falling due at any date. 

HISTORY.— 108 V. Pt. I 277; 109 v. 47. * 



Taxing; au- 
thorities em- 
powered to 
comply with 
act. 



Section 2294. All bonds issued by boards of county 
commissioners, boards of education, township trustees, or 
commissioners of free turnpikes, shall be sold to the highest 
bidder after being advertised once a week for three con- 
secutive weeks and on the same day oi the week, in a news- 
paper having general circulation in the county where the 
bonds are issued, and, if the amount of bonds to be sold 
exceeds twenty thousand dollars, like publications shall be 
made in an additional newspaper having general circulation 
in the state. The advertisement shall state the total amount 
and denomination of bonds to be sold, how long they are to 
run, the rate of interest to be paid thereon, whether an- 
nually or semi-annually, the law or section of law authoriz- 
ing the issue, the day, hour and place in the county where 
they are to be sold. 

HISTORY.— R. S. § 22b; 80 V. 68, § 1; 106 v. 492. 

If bonds issued by the board of education of a school district 
under section 7626 General Code are not taken by the board of 
commissioners of the sinkino^ fund of the school district as 
authorized by section 7619 General Code, or are not purchased by 
the Industrial Commission of Ohio under section 465-58 General 
Code, such bonds must be advertised for sale, and the board of 
education is not authorized to dispense with competitive, bidding 
in the sale of such bonds. Op. Atty. Gen. (1915), p. 133. 

A board of education which has advertised the sale of bonds 
bearing a certain rate of interest and has received no bids for the 
same, and which then proceeds by resolution to raise the rate of 
interest on said bonds, must again offer said bonds to the board of 
commissioners of the sinking fund of the school district, if such 
there be, and then to the Industrial Commission of Ohio prior to 
again advertising the bonds for sale. Op. Atty. Gen. (1915), p. 133. 

Where bonds are sold at public sale in conformity with law no 
expense in connection with the delivery of such bonds to the pur- 
chaser is payable from public funds. Op. Atty. Gen. (1917), 
p. 2028. 

Section 2295. None of such bonds shall be sold for 
less than the face thereof with any interest that may have 
accrued thereon, and the privilege shall be reserved of re- 
jection of any or all bids. When such bonds have been 
once advertised and offered at public sale, as provided by 
law, and they, or any part thereof, remain unsold, those 
unsold may be sold at private sale at not less than their 
par value and accrued interest. All moneys from the 



Advertisement 
of sale of 
public bonds. 



How bonds 
shall be sold. 



234 



SINKING FUND AND ISSUE AND SALE OF BONDS 



Endorsement. 



principal on the sale of such bonds shall be credited to the 
fund on account of which the bonds are issued and sold, 
and all moneys from premiums and accrued interest on the 
sale of such bonds shall be credited to the sinking fund 
from which said bonds are to be redeemed. 



HISTORY.-R. S. § 22b; 



§ 1; 106 V. 492 (493). 



As the statutes contain no reasonable ground from which to 
deduce an intent to the contrary, the general rule that interest fol- 
lows the fund would govern, so that interest upon the proceeds of 
bonds sold for the purpose of meeting the expense of a particular 
improvement, will not be turned over to the sinking fund trustees 
n^ to the contingent fund, but will be credited to the special fund 
created by the bond issued and expended for the purpose of the 
fund. After the accomplishment of such purpose all balance of 
said fund will go to the sinking fund as provided in sections 3804 
and 5654 General Code. Op. Atty. Gen. (1920), p. 1100. 

Section 2295-1. That all bonds hereafter issued by 
any county, city or city school district within this state, 
except those issues permanently held by . the sinking fund 
trustees of the municipality issuing same, may have, en- 
dorsed thereon, a certificate attesting the genuineness of 
the signatures thereto, signed by a registrar legally author- 
ized and qualified to act therein. 

HISTORY.— ICa V. 256, § 1. 



Registrar; ap- Section 2295-2. That evcry couuty, city or city 

pointment and school district withiu this State having the power to issue 
oompensa ion. ^^^^ bouds, shall havc the power to employ such registrar, 
the compensation of which together with all proper ex- 
penses incident to such certification shall be paid on the 
allowance of such authority out of the county, city or city 
school district "treasury or fund benefited or to be benefited 
by the sale of such bonds, as the case may be. 

HISTORY.— 101 V. 256, § 2. 



Certified tran- 
script of pro- 
ceedings re- 
quired to be 
furnished suc- 
cessful bidder 
for bonds by 
certain officers, 



Section 2295-3. That it shall be the duty of the clerk, 
or other officer having charge of the minutes of the council 
of any municipal corporation, board of county commis- 
sioners, board of education, township trustees, or other 
district or political subdivisions of this state, that now has 
or may hereafter have, the power to issue bonds, to furnish 
to the successful bidder for said bonds, a true transcript 
certified by him of all ordinances, resolutions, notices, and 
other proceedings had with reference to the issuance of said 
bonds, including a statement of the character of the meet- 
ings at which said proceedings were had, the number of 
members present, and such other information from the 
records as may be necessary to determine the regularity 
and validity of the issuance of said bonds; that it shall be 
the duty of the auditor or other officer, having charge of 
the accounts of said corporation or political subdivision, to 
Attached _state- attach thereto a true and correct statement certified by him 
debtldnLi%y oi the indebtedness, and, of the amount of the tax duplicate 
auditor. thereof, and such other information as will show whether 



SINKING FUND AND ISSUE AND SALE OF BONDS 235 

or not said bond issue is within any. debt or tax limitation 
imposed by law. 

HISTORY.— 103 V. 179, § 1. 

The statute requiring a municipality or other public body 
issuing bonds to furnish a transcript of the proceeding relating to 
such bond issue to the successful bidder affects the rights of the 
purchaser of the bonds on such bid so as to make a distinction 
between him and those persons who may purchase said bonds from 
him without notice and in reliance upon recitals upon the fact of 
the bonds. Op. Atty. Gen. (1914), p. 1433. 

Section 2295-4. Any such clerk or officer, or any penalty for 
deputy or subordinate thereof, who shall knowingly make Jrans^crfpl or^^^ 
or certify a false transcript or statement in respect to any statement. 
of the matters hereinafter set forth, shall be guilty of a 
misdemeanor and be fined not less than twenty-five 
($25.00) dollars, nor more than five hundred ($500.00) 
dollars, or imprisoned not exceeding one year, or both. 

HISTORY.— 103 V. 179, § 2. 

Section 2295-5. Whenever bonds, notes or certifi- Reissue of lost 
cates of indebtedness, issued by a municipal corporation, 2.^ destroyed 

x ^ IT 7 bonds or ccr— 

school district, county, township, or other political sub- tificates. 
division or taxing district of this state, are lost or de- 
troyed, said corporation, school district, county, township, 
subdivision or district may reissue to the holders duplicates 
thereof in the same form and signed as the original obliga- 
tions were signed, which obligation so issued shall plainly 
show upon its face as being a duplicate of such lost bond, 
note or certificate, upon proof of such loss or destruction 
and upon being furnished with a bond of indemnity against 
all loss or liability for or on account of the obligations so 
lost or destroyed. 

HISTORY.— 106 V. 303, § 1. 

Duplicate copies of lost or destroyed securities provided for in 
section 2295-5 General Code may be either written or printed. An 
exact copy of the original security should be made and marked 
"duplicate," and it would be good practice on the part of the is- 
suing officer of the taxing sub-division to attach a certificate that 
the duplicate is a true copy. Such issuing officer should exact 
satisfactory proof as to the loss or destruction of the original bond 
and he is also empowered to exact proper indemnity. Op. Atty. 
Gen. (1916), p. 599. 

Section 2295-5 General Code authorizes the reissuance of a 
bond or of a coupon detached from a bond and lost or destroyed, 
upon compliance with the conditions therein stipulated. Proof of 
loss by affidavit would be sufficient for the purposes of said section ; 
and an indemnity bond executed in compliance with the provisions 
of said section must be deemed a sufficient safeguard to protect the 
taxing district against double payment in the course of many years 
time. Op. Atty. Gen. (1919), p. 401. 

Section 2295-6. Definitions — The following defini- Definition of 
tions shall be applied to the terms used in this act : *^'"'' "'^^• 

(a) "Political subdivision" shall mean any political 
subdivision or taxing district of the state incurring in- 
debtedness or issuing bonds on the general credit of the 
political subdivision or taxing district ; 



236 SINKING FUND AND ISSUE AND SALE OF BONDS 

(b) ''Charter municipality" shall mean any munici- 
pality which at the time of incurring any indebtedness or 
issuing any bonds is operating under a charter framed and 
adopted under the provisions of Article XVIII of the con- 
stitution of Ohio ; 

(c) "Fiscal officer", in the case of a county, shall be 
the county auditor; in the case oi a charter municipality, 
such officer as by virtue of the charter has the duties and 
functions provided in section 4284 of the General Code of 
Ohio ; in the case of any other city, the city auditor, and of 
any other village, the village clerk; in the case of a school 
district, the clerk of the board of education; in the case of 
a township, the auditor of the county in which such town- 
ship is located ; in the case of any other political subdivision, 
the officer who by law performs the duties and functions 
similar to those of a city auditor; 

(d) ''Serial bonds" are those which provide for the 
retirement of the indebtedness by means of installment 
maturities in lieu of a sinking fund; 

(e) The "bond-issuing authority" shall, in the case 
of any bond issue, be the county commissioners, board of 
education, township trustees, city council or other board or 
officer who, under the provisions of law or charter, has the 
function of determining upon the issuance of such bonds. 

HISTORY.— 109 V. S36. 

Where a serial bond issue, under the Griswold taxation Act 
(H. B. 33) is dated April 1, 1922, the first bond of such issue 
cannot be made to fall due earlier than the date of the final tax 
settlement between the county treasurer and the taxing district next 
following the inclusion of a tax for such serial issue in the annual 
June budget by the county auditor, which date, falling after August 
10, 1923, would be determined by the provisions of section 2689 
G. C, and such serial bonds may not be issued so that the first 
bond shall mature later than eleven months after such final settle- 
ment between the county treasurer and the taxing district. Op. 
Atty. Gen. No. 2847, Feb. 8, 1922. 

Subdivisions^^ Section 2295-7. No county, school district, township, 
cu?\ndebtid" municipality, including charter municipalities, or other po- 
ness for cur- Htical subdivision shall, with the exceptions hereinafter 
expln^ses!^^*^"^ named, create or incur any indebtedness for current operat- 
ing expense. The acquisition or construction of any prop- 
erty, asset or improvement with an estimated life or useful- 
ness of less than five years shall be deemed current ex- 
pense. This prohibition shall not apply to borrowing as 
provided by law in anticipation of collection of special as- 
sessments or in anticipation of special assessments or cur- 
rent revenues or for defraying the expenses ot an extra- 
ordinary epidemic of disease or emergency expenses made 
necessary by sudden casualty which could not have reason- 
ably been foreseen or for deficiency created by enjoining 
taxes as provided in section 5659-1 of the General Code or 
for paying final judgments upon non-contractual obligations 
as provided in section 4 thereof. The estimate of the life 
of the property, asset or improvement proposed to be ac- 



SINKING FUND AND ISSUE AND SALE OF BONDS 237 

quired or constructed from the proceeds of any bonds, shall 
be made in any case by the fiscal officer of the subdivision 
and certified by him to the bond-issuing authority and shall 
be binding upon such authority. 

HISTORY.— 109 V. 336. 

Section 2295-8. When the fiscal officer of any county when bonds 
or other political subdivision, including charter municipali- ™%ay^fiS^** 
ties, certifies to the bond-issuing authority that, within the judgment, 
limits of its funds available for the purpose, the subdivision 
is unable, with due consideration of the best interests of the 
subdivision, to pay a final judgment rendered against the 
subdivision in an action for personal injuries or based on 
other non-contractual obligation, then such subdivision may 
issue bonds, in an amount not exceeding the amount of the 
judgment and carrying interest not to exceed six per cent, / 

for the purpose of providing funds with which to pay such 
final judgment. 

HISTORY.-109 V. 337. 

Section 2295-9. That the maturities of bonds issued Periods beyond 
by counties and other political subdivisions, including f^^^^ by°sub- 
charter municipalities, shall not extend beyond the follow- divisions may 
ing limitations as specified in the following classification, classification, 
the period to be measured from the date of the bonds. 

Bonds issued for — 

Class (a) — the acquisition of real estate or easements 
or other interests in real estate, grade crossing elimination, 
and flood prevention, thirty years; 

Class (b) — the construction of improvement of fire- 
proof buildings or other structures, widening of roads, high- 
ways, streets or alleys, general waterworks improvements, 
sanitary and storm sewers, sewage disposal works, and 
bridges, twenty-five years ; 

Class (c) — the construction of improvement of non- 
fireproof buildings or other structure, electric light plant 
and equipment, police and fire alarm and telegraph systems, 
fifteen years; 

Class (d) — waterworks meters, fire apparatus, road 
rollers, furniture and furnishings, machinery in garbage 
disposal plant, land-scape planting, playground apparatus, 
sidewalks, curbs, gutters, and the construction, reconstruc- 
tion, resurfacing, grading, or drainage of roads, highways, 
streets, or alleys, ten years ; 

Class (e) — motor vehicles other than fire apparatus, 
wagons and horses, bonds issued to pay judgments for per- 
sonal injuries or other non-contractual obligations and also 
for defraying the expenses of an extraordinary epidemic 
of disease, five years ; 

Class (f)— purposes not included in the foregoing 
classes, such number of years not exceeding thirty as is the 
estimated period of usefulness of the asset, improvement, 
or other purpose, such estimate to be made by the fiscal 
officer ; 



238 



SINKING FUND AND ISSUE AND SALE OF BONDS 



Certification 
of maximum 
indebtedness 
by fiscal 
officer before 
passage of 
ordinance, 
resolution, 
etc., for issue 
of bonds; 
contents of 
certification. 



What cost 
of construc- 
tion may in- 
clude. 



Class (g) — a single bond issue for a purpose which 
includes two or more of the foregoing classes, the average 
number of years of usefulness as measured by the weighted 
average of the amounts proposed to be expended for said 
several classes in accordance with above table of maturities ; 
such estimating and calculation of average to be made by 
the fiscal officer. 

HISTORY.— 109 V. S38. 

The provisions of sections 2295-9 and 2295-10 of the General 
Code limiting the maturities of bonds issued for particular purposes 
by subdivisions of the state must be complied with as to all bonds 
issued after January 1, 1922, though legislation authorizing their 
issuance may have been fully 'adopted nrior to that date. Op. Atty. 
Gen. No. 3137, May 5, 1922. 

'Section 2295-10. Before any resolution, ordinance 
or other measure providing for the issuance of bonds or 
incurring of indebtedness of any county, or other political 
subdivision, including charter municipalities, is passed or 
adopted, the fiscal officer thereof shall certify to the bond^ 
issuing authority the maximum maturity of such bonds or 
indebtedness, calculated in accordance with the provisions 
of the foregoing section, and no such bonds, shall be 
authorized or issued or indebtedness incurred with maturi- 
ties extending beyond the maturities as thus certified by 
such fiscal officer. Where the proposed indebtedness falls 
within class (g), such certification shall also contain a 
schedule of the respective amounts of the proposed bonds 
falling within each of classes (a) to (f) inclusive. The 
amount expended from the proceeds of the bonds for any 
purpose or purposes falling within any class shall not ex- 
ceed the amount allotted in said schedule to said class ; pro- 
vided, however, that whenever the bond-issuing authority 
deems such transfer to be necessary for the carrying out of 
the purpose of the bond issue, then such authority may 
transfer any unexpended portion of the amount allotted to 
any class from the class to which it was originally so allotted 
to any class with a longer maturity and, upon such trans- 
fer, the amount expended for any purpose or purposes fal- 
ling within the class to which such transfer has been 
authorized may include the amount so transferred; but no 
transfer may be made from any class to a class with a 
shorter maturity. 

HISTORY.— 109 V. 338. 

Section 2295-11. The cost of construction of any 
building, utility or improvement may be construed to in- 
clude interest payable during construction on bonds issued 
for such construction, A sum not to exceed one year's in- 
terest on any bond issue may be included in the. amount 
of the issue to the extent necessary to care for interest 
maturing previous to the receipt of the taxes or assess- 
ments from which such interest is to be ultimately paid. 

HISTORY.— 109 V. 343. 



SINKING FUND AND ISSUE AND SALE OF BONDS 



239 



Section 2295-12. All bonds hereafter issued by any General pro- 
county, municipality, including charter municipalities, school [^^^°J^^f [^l^^' 
district, township or other political subdivision, shall be issue of 
serial bonds maturing in substantially equal annual install- 
ments beginning not earlier than the date fixed by law for 
the final tax settlement between the county treasurer and 
the poHtical subdivision or taxing district next following 
the inclusion of a tax for such issue in the annual budget 
by the county auditor as provided by law and not later 
than eleven months thereafter. 



HISTORY.-l 



V. 344. 



Under the Griswold taxation act (H. B. 33), while the mat- 
urities of serial bonds 'issued must be annual maturities due on a 
day following each final tax settlement, the interest payments upon 
such serial bonds may be made semi-annually. Op. Atty. Gen. 
No. 2901, Feb. 25, 1922. 

See opinions of Attorney General, No. 2847 (1922), cited under 
Sec. 2295-6. 

Section 2295-13. All moneys collected from taxes or "judgment 
other sources for the payment of final judgments against fg'iS'^to *^^"^~ 
the political subdivision (other than condemnation of prop- 
erty cases) shall go into a separate fund of the subdivision, 
to be known as "Judgment Fund." All powers and obliga- 
tions now vested by law in any board of sinking fund 
trustees or commissioners of any county, school district, 
municipality or other political subdivision relating to the 
receipt, investment and application of funds raised by taxa- 
tion or otherwise for the payment of said final judgments 
are hereby transferred to the treasurer of the subdivision. 
By an affirmative vote of not less than three-fourths of the 
members elected or appointed thereto, the county commis- 
sioners, board of education, city council or other chief tax 
levying authority of a political subdivision may transfer 
to the judgment fund from the bond payment or other fund 
of the subdivision any surplus in the latter not needed for 
the purpose of meeting the interest and retirement of the 
funded debt of the subdivision and which it deems necessary 
for the prompt payment of the said final judgment; pro- 
vided that no such transfer shall be made from the sinking 
fund without the approval of the sinking fund trustees or 
commissioners. 

HISTORY— .109 V. 345. 

Section 2295-14. The board of sinking fund trustees sinking fund 
of any county or municipality or the board of sinking fund J-nu" "^to "^e^x-' 
commissioners of any school district shall continue to ex- ercise powers 
ercise the powers provided in sections 2976-18 to 2976-27 standing Unds 
inclusive, 45 11 to 4522 inclusive, 3932 and 7613 to 7619 in- ggreaft?/' 
elusive of the General Code and all other provisions of law powers trans- 
relatmg to its powers, until all outstanding bonds of such 
county, municipality or school district to be retired by 
means of a sinking fund shall have been paid; and there- 
upon it shall be deemed to be abolished and its functions 
and powers relating to the purchase and sale of securities, 



ferred to 
treasurer. 



240 



SINKING FUND AND ISSUE AND SALE OF BONDS 



Proceeds of 
special levies 
shall not be 
used for other 
purposes; 
transfer of 
surplus. 



receipt, deposit and investment of taxes, assessments and 
other funds raised for the payment of bonds and funded 
debts, the application of such funds to the payment of bonds 
and other indebtedness and all its other powers and func- 
tions as set forth in said provisions of law as amended in 
this act shall be deemed to be transferred to the treasurer 
of the county, municipality or school district, and all 
moneys, securities and other assets then in the custody and 
possession of such board shall be transferred and delivered 
to such treasurer. Thereafter all said moneys, securities 
and assets and all moneys received by the county, munici- 
pality or school district for the payment of the interest and 
principal of its bonds or other funded debts and all inheri- 
tance taxes and all other taxes and revenues which were 
theretofore payable, by virtue of provisions of law, into its 
sinking fund shall be paid to its treasurer and placed and 
held by him in a separate fund to be known as "Bond Pay- 
ment Fund" and subject to the provisions of law relating to 
transfer to other funds, said fund shall be applied by him 
to the purposes for which the sinking fund had theretofore 
been applicable. 

HISTORY.— 109 V. 347. 

vS'ection 5654. The proceeds of a special tax, loan or 
bond issue shall not be used for any other purpose than that 
for which the same was levied, issued or made, except as 
herein provided. When there is in the treasury of any city, 
village, county, township or school district a surplus of the 
proceeds of a special tax or of the proceeds of a loan or 
bond issue which cannot be used, or which is not needed 
for the purpose for which the tax was levied, or the loan 
made, or the bonds issued, all of such surplus shall be trans- 
ferred immediately by the officer, board or council having 
charge of such surplus, to the sinking fund of such city, 
village, county, township or school district, and thereafter 
shall be subject to the uses of such sinking fund. 

HISTORY.— R. S. § 2834; 75 v. 132, § 1; 92 v. 77; 103 v. 521. 

This section does not confer upon the trustees of the political 
sub-division therein named the wide range of discretion with respect 
to the transfer of funds, such as are conferred upon the court of 
common pleas by the provisions of sections 2296, 2302 inclusive, 
General- Code; and proceedings relating to a transfer of funds 
under this section must be construed strictly. State ex rel. vs. 
Sayre, 12 O. N. P. (N. S.) 337. 

The proceeds of bonds issued by the board of education of a 
school district for the purpose of purchasing a site whereon to erect 
a high school building and for the construction of such building, 
mav not be used by said board for the erection of a grade school 
building. Op. Atty. Gen. (1916), p. 1778. 

A board of education is not authorized to invest funds at its 
disposal; and where such board has in the building fund money as 
the proceeds of a bond issue for the purpose of erecting a school 
building in the school district, the money should be used ior such 
purpose. If the project of erecting such school building is 
abandoned for any reason, these monies under the authority of sec- 
tion 5654 General Code should be passed to the school district for 
the purpose of retiring outstanding bonds as they mature, and the 
interest thereon. The monies will then be subject to the manage- 
ment and control of the board of sinking fund commissioners of the 



SINKING FUND AND ISSUE AND SALE OF BONt)S 



241 



school district, and may be invested by such board in the manner 
authorized by section 7615 General Code. Op. Atty. Gen. (1918), 
p. 497. 

See opinions of Attorney General No. 1998 (1921), cited under 
Sec. 7625. 



Section 5655. In anticipation of the collection of 
current revenues in any fiscal year, the county commission- 
ers of any county, the board of education of any school dis- 
trict or the township trustees of any township may borrow 
money and issue certificates of indebtedness therefor, but no 
loans shall be made to exceed the amount estimated to be 
actually received from taxes and other current revenues for 
such fiscal year, after deducting all advances. The sums 
so anticipated shall be deemed appropriated for the pay- 
ment of such certificates at maturity. The certificates shall 
not run for a longer period than six months nor bear a 
greater rate of interest than six per cent and shall not be 
sold for less than par with accrued interest. 

S. § 2834; V5 v. 132, § 1; 92 v. 77. Repealed, 103 v. 521 



HISTORY. 

(522), § 6; 109 v. 



-R. 

387. 



Since January 1, 1922, a board of education, in anticipation 
of the collection of current revenues in any fiscal year, may under 
the provisions of section 5655 (H. B. 33) borrow money and issue 
certificates of indebtedness, but no loans shall be made to exceed 
the amount estimated to be actually received from taxes and other 
current revenues for such fiscal year, after deducting all advances, 
nor shall such certificates run for a longer period than six months 
or bear a greater rate of interest than six per- cent., nor shall they 
be sold for less than par with accrued interest. Op. Atty. Gen. 
No. 3149, May 26, 1922. 

Section 5656. The trustees of a township, the board 
of education of a school district and the commissioners of 
a county, for the purpose of extending the time of pay- 
ment of any indebtedness created or incurred before the 
first day of January, 1924, which from its limits of taxa- 
tion such township, district or county is unable tO' pay at 
maturity, may borrow money or issue the bonds thereof, so 
as to change, but not increase the indebtedness in the 
amounts, for the length of time and at the rate of interest 
that said trustees, board or commissioners deem proper, 
not to exceed the rate of six per cent per annum, payable 
annually or semi-annually. 



HISTORY. 
109 V. 339. 



-R. S. 



2834 a; 92 



6; 92 V. 33; 



233; 97 v. 514; 



Under section 5656 General Code the board of education is dis- 
junctively authorized to issue bonds or borrov^ money for the pur- 
pose of funding valid existing and binding indebtedness under the 
limitations prescribed in sections 5656 and 5658 General Code. And 
where the services of teachers have been performed, the board may 
borrov^r money on notes issued by the board to pay for such services 
when it is unable to meet the same by reason of the limits of taxa- 
tion applying to such school district. Op. Atty. Gen. (1912), p. 1844. 

A board of education may borrow money under section 5656 
General Code to pay obligations incurred in furnishing the trans- 
portation to pupils which the law requires to be furnished, such ex- 
penses being a charge against the district, regardless of the existence 

16 s. L. 



Anticipation 
of current 
revenues, of 
county, town- 
ship or school 
district; 
limitation. 



Authority to 
issue bonds 
extending in- 
debtedness in- 
curred prior 
to Jan. 1, 
1924, by 
county, town- 
ship or school 
district. 



242 SINKING FUND AND ISSUE AND SALE OF BONDS 

of sufficient funds in the school district treasury, and the contract 
for transportation being in the nature of an employment contract. 
Op. Atty. Gen. (1914), p. 1394. 

A board of education may borrow money under section 5656 
General Code for the purpose of paying unpaid installments of 
teachers salaries. Op. Atty Gen. (1915), p. 328. 

Bonds may not be issued under this section, however, unless 
• within the limitations of the law interest and sinking fund levies 
sufficient to retire them may be made during the years for which 
they are to run. Such interest and sinking fund levies being pre- 
ferred to current levies by section 5649-1 General Code, the board 
should anticipate its needs for current purposes and its needs for 
interest and sinking fund purposes and so apportion its indebted- 
nes as not to impair its • future revenues for either purpose. Op. 
Atty. Gen. (1915), p. 328. 

A board of education not having fully exercised the authority 
conferred by law to levy taxes for sinking fund and interest on 
bonds falling due, is not authorized to borrow money or issue bonds 
for the purpose of extending or refunding said indebtedness under 
the provisions of section 5656 General Code. Op. Atty. Gen. (1915), 
p. 523. 

The board of education of a rural school district may borrow 
money under the authority of section 5656 General Code to pay a 
charge against said district made by the board of education of a 
county distr'ict, in which such rural school district is located, in case 
said county board of education furnishes transportation to pupils of 
said rural district as required by section 7731 General Code, when 
the local board fails or neglects to furnish such transportation, or 
to pay for services actually rendered under a contract of employ- 
ment for this purpose. Op. Atty. Gen, (1915), p. 1246. 

A county board of education has no authority in law to levy 
a tax for any purpose and may not, therefore, borrow money under 
section 5656 General Code for the purpose of paying for the trans- 
portation of pupils, furnished by said county board under pro- 
visions of section 7731 General Code. Op, Atty, Gen. (1915), 
p. 2112. 

Where a board of education of a school district, properly or- 
ganized and in the exercise of the authority conferred upon it by 
the provisions of sections 4749 and 5656 General Code borrows 
money under the conditions prescribed in said section 5656 General 
Code, and for the purpose mentioned in said section, and in con- 
sideration therefor issues the note for the sum of money so bor- 
rowed, the members of said board of education may sign the cor- 
porate name of the board of education to said note or they may 
authorize one or more of the officers of said board to sign said 
name to said note. Op. Atty. Gen. (1916), p. 469. 

The only indebtedness that a board of education of a school 
district is authorized to fund under the provisions of sections 5656 
and 5658 General Code is such indebtedness as represents an ac- 
crued existing, valid and binding legal obligation of the school 
district. Where a board of education, instead of issuing bonds for 
the purpose, borrows money from a bank or banks for the purpose 
of creating a fund out of which to pay bills or estimates for labor 
or material thereafter furnished in the completion of a school 
building, such transaction, for want of authority in the board of 
education to borrow money for such purpose in this manner, does 
not have the effect of creating a legal indebtedness to such bank or 
banks which the board of education is_ authorized to fund by the 
issue and sale of bonds under the provisions of the above mentioned 
sections of the General Code. Op. Att}^ Gen. (1918), p. 81. 

Under the provisions of 5656 General Code a board of educa- 
tion is only authorized to fund and thereby extend the time ^of pay- 
ment of existing indebtedness of such school district by an issue of 
bonds when such indebtedness cannot be paid at maturity by reason 
of the limits of taxation of such school district. Under said section 
such board of education is not authorized to fund existing indebted- 



SINKING FUND AND ISSUE AND SALE OF BONDS 243 

ness of the school district by an issue of bonds simply for the 
reason that the board of education may find and determine that it 
is to the best interests of the school district to do so. Op. Atty. 
Gen. (1918), p. 159. 

A board of education may fund unpaid pay-rolls of teachers 
and other employees bv borrowing money or issuing bonds under 
section 5656 General Code. Op. Atty. Gen. (1919), p. 514. 

In the employment* of teachers the board of education is not 
limited by the amount of revenue which may be certainly antici- 
pated, and may therefore adopt a salary budget dependent for suc- 
cess upon the approval by the electors of a special levy. * 

Employment contracts made in accordance with such budget 
being lawful, the rendition of service thereunder gives rise to an 
obligation of the district, so that if funds are not available to dis- 
charge the obligation when accrued, money may be borrowed there- 
for under section 5656 General Code without other limitation than 
the amount be actually due and unpaid. Op. Atty. Gen. (1920), 
p. 646. 

A board of education may issue bonds or borrow money under 
section 6656 General Code to pay unpaid installments of teachers' 
salaries increased during the terms of employment of such teachers. 
Op. Atty. Gen. (1920), p. 395. 

A board of education may not borrow money under section 
5656 General Code at a rate of interest exceeding six per cent. 
Op. Atty. Gen. (1920), p. 1230. 

A board of education may borrow money under section 5656 
General Code for the purpose of extending the time of payment of 
any legal indebtedness whatever, regardless of the fund in which 
the indebtedness exists. Op. Atty. Gen. (1920), p. 1230. 

Where a school district cannot participate in the state reserve 
fund by reason of the electors having failed to vote for the maxi- 
mium levy, and as a result there is not a sufficient fund to continue " 

the school for thirty-two weeks, the failure of said levy will not 
excuse the discontinuance of the schools and the board of education 
may borrow money under the provisions of section 5656 General 
Code to pay valid and binding obligations made for said purpose. 
Op. Atty. Gen. (1920), p. 873. 

See opinions of Attorney General, No. 2220 (1921), cited under 
Sec. 7896-55. 

See opinions of Attorney General, No. 1889 (1921), cited under 
Sec. 7610. 

Section 5657. When the trustees of a township, power to issue 
board of education of a school district or commissioners of ^hen!*""^^' 
a county have issued bonds subject to call or redemption 
previous to the maturity thereof, and it appears to said 
trustees, board or commissioners to be for the best interest 
thereof to exercise such privilege of call or redemption by 
means of the refunding of such indebtedness at a lower 
rate of interest than is provided in said bonds, then such 
trustees, board or commissioners may issue for that purpose 
new bonds with semi-annual interest coupons attached 
which shall not in any case exceed in amount the outstand- 
ing bonded indebtedness subject, as aforesaid, to call or re- 
demption and proposed to be called, redeemed and re- 
funded. The maturity of the bonds so issued shall not ex- 
tend beyond the time of the maturity of the called, redeemed 
and refunded bonds. 

HISTORY.— R. S. § 2834a; 92 v. 6; 92 v. 33; 93 v. 233; 97 v. 514; 
109 V. 340. 

Held, that this section as it then read authorized the issue of 
new bonds in exchange for outstanding bonds, but that it did not 



>44 



SINKING FUND AND ISSUE AND SALE OF BONDS 



Resolution as 
to such debts. 



auth6rize the issue and exchange of bonds for promissory notes or 
other like evidence of indebtedness. Co'unty Commissioners vs. 
State, 78 0. S. 287. 

Section 5658. No indebtedness of a township, school 
district or county shall be funded, refunded or extended 
unless such indebtedness is first determined to be an exist- 
ing, valid and binding obligation of such township, school 
district or county by a formal resolution of the trustees, 
board of education or commissioners thereof, respectively. 
Such resolution shall state the amount of- the existing in- 
debtedness to be funded, refunded or extended, the ag- 
gregate amount of bonds to be issued therefor, their number 
and denomination, the date of their maturity, the rate of 
interest they shall bear and the place of payment of principal 
and interest. 



HISTORY.— R. s. 
See G. C. § 6656. 



28S4a; &2 v. 6; 92 v. 



V. 233; 97 v. 514. 



See opinions of Attorney General No. 1889 (1921), cited 
under Sec. 7610. 



Levy to meet 
payment of 
bonds. 



Section 5659. For the payment of the bonds issued 
under the next three preceding sections, the township 
trustees, board of education or county commissioners shall 
levy a tax, in addition to the amount otherwise authorized, 
each year during the period the bonds have to run sufficient 
in amount to pay the accruing interest and the bonds as 
they mature. 



HISTORY.— R. s. 
See G. C. § 5656. 



28S4a; 92 v. 6; 92 v. 33; 93 v. 233; 97 v. 514. 



Taxing disticts 
authorized to 
issue bonds 
when 50% of 
tax collections 
is enjoined or 
in litigation. 



Section 5659-1. All municipal corporations, the 
board of education of any district and the commissioners 
of any county, through their proper officers, shall have 
power to borrow money and to issue bonds in payment 
therefor, to provide funds, to meet the payment of current 
expenses and sinking fund indebtedness, when the collection 
of general taxes aggregating fifty per cent. (50%) or more 
of the general tax duplicate, for any fiscal year, of their 
respective taxing districts, has been enjoined by any court 
or the collection of which is in litigation. The bonds so 
issued may be made to run for a term not to exceed ten 
years and shall not bear a greater rate of interest than six 
per cent. (6%), nor be sold for less than par with accrued 
interest. All moneys received from the sale of bonds, as 
herein provided, shall become a part of the general fund 
of the taxing district wherein bonds are so issued, and shall 
be used for only such purposes as the enjoined or other- 
wise litigated collection of taxes were appropriated for. 

HISTORY.-IO6 V. 11, § 1. 

Application of Section 5659-2. All tax coUectious which are paid 

'from^boi'^d'''^^ into the treasury of any taxing district, which have thereto- 

issue. fore been enjoined or the collection of which has been in 

litigation, and for which deficit bonds have been issued, 

under authority of the preceding section, shall be turned 



SINKING FUND AND ISSUE AND SALE OF BONDS 245 

over to the trustees of the sinking fund of said taxing dis- 
trict, to be appHed toward the payment of the principal and 
interest of the deficit bonds so issued. 

HISTORY.— 1C6 V. 11, § 2. 

Section 710-111. A bank may invest its capital, securities 
surplus, undivided profits and deposits in the following designated in 

.• ^ ^ ^ which invest- 

SeCUritieS • >i^ ^ ^ ment may be 

(d) Bonds or other interest-bearing obligations of 
any county, town, township, city, school district, improve- 
ment district or sewer district, or other organized or 
political sub-division in this state. * "^^ * 

HISTORY.— 108 V. Pt. I, 107. 



made. 



Section 9660. To invest any of its idle funds, or any j^j^ ^^^^^ ^^ 
part thereof, in bonds or interest bearing obligations of building and 
the United States, or of the District of Columbia, or of the t?o^ns;^ho°w^~ 
state of Ohio, or of any county, township, school district, ^"^^^ted. 
or other political division in the state of Ohio, or of any in- 
corporated city or village, in the state of Ohio ; and in such 
other securities as now are or hereafter may be accepted 
by the United States to secure govrnment [government] 
deposits in national banks. But such investments at no 
time shall amount in the aggregate to more than twenty 
per cent of the assets of such corporation. 

HISTORY.— 99 V. 530, § 16. For an analogous section, see R. S. 
§ 3836-3a. 



• CHAPTER 15 
LIMITATIONS ON LEVY OF TAXES 



Section 

6649-1. Tax levies to pay principal and in- 
terest on bonds to have preference 
to the full amount thereof. 
5649-la. All bonds heretofore issued and sold 
at par and accrued interest to be 
valid and binding obligations. 

Resolutions, etc., providing for issue 
of bonds to contain levy for interest 
and sinking fund purposes. 

Fiscal officer of political subdivision 
to certify to tax levying authority 
amount necessary to pay final judg- 
ments. 

■Tax levy limitations. 

When board of education to submit 
annual budget to county auditor. 
Limitation on tax levy for school 
purposes. 

County budget commission, members 
of, powers and duties. 

Examination of budget and estimates; 
tax rate ascertained. 
5649-3d. Appropriations to be made at the 
beginning of each fiscal half-year. 

Unexpended appropriations or bal- 
ance to revert to general fund. 



60i9-lb. 



5649-lc. 



5649-2. 
5649-3a 



5649-3b. 
5649-3C. 



5649-3e. 



Section 
5649-4. Tax 



levies for 
of limitations. 



emergencies outside 



564^5. 



5649-5a. 



Proceedings when maximum rate not 
sufficient. 

How such question submitted; notice 
of election. 

5649-5b. Maximum tax levy in event of favor- 
able vote on question. 

5649-6. Aggregate tax limitation in consoli- 
dated districts. . 

5649-6a. Tax authorities authorized to remove 
interest and sinking fund levies 
from limitation of tax rates on 
majority vote of electors. 

5649-6b. On favorable vote necessary levies 
for interest and sinking fund pur- 
poses to be made without reference 
to tax limitations. 

5649-6C. Nothing in G. C. 5649-6a to 5649-6d 
to apply to current levies. 

5649-6d. Interest and sinking fund receipts 
on certain bonds excluded from tax 
limitations. 

5649-7. When budget commissions of two or 
more counties to adjust tax rates. 



Tax levy for 
sinking fund 
and interest. 



Section 5649-1. In any taxing district, the taxing 
authority shall, within the limitations and in the manner 
prescribed by law, levy a tax sufficient to provide for in- 
terest and maturity payment purposes for all serial bonds 
issued by any political subdivision, and for interest and for 
sinking fund purposes of all bonds heretofore issued by 
such political subdivision, which tax shall be placed before 
and in preference to all other items, and for the full amount 
thereof. 



HISTORY.— 101 V. 



1; 104 V. 12; 109 v. 346. 



The provision of Section 5649-1, General Code, that the tax- 
ing authorities of each taxing district of the state shall levy a tax 
sufficient to provide for sinking fund and interest purposes, re- 
quires the county budget commissioner to certify to the county 
auditor a tax sufficient for such purposes, regardless of other needs- 
of the taxing district. (Rabe vs. Board of Education, 88 0. S. 403, 
approved and followed.) State ex rel vs. Zangerle, 94 O.' S. 447. 

Under the provisions of Section 5649-1, General Code, ^ as 
amended 104 Ohio laws, page 12, it is the duty of all taxing 
authorities to levy a tax, within the limitations prescribed by law, 
sufficient to provide for sinking fund and interest purposes for all 
bonds issued by any political sub-division of the state, which tax 
when levied shall have preference to all other levies and for the full 
amount thereof. State ex rel vs. Dean, Auditor, 95 O. S. 108. 

Though sinking fund levies of a taxing district are preferred 
by the provisions of section 5649-1 General Code to levies for cur- 
rent expenses of said taxing district, they are not as a matter of law 
preferred to the current expense levies of -another taxing district 
including the same territory. Op. Atty. Gen. (1918), p. 1101. 

See opinions of Attorney General (1919); p. 568, cited under 
Sec. 7908. 

(246) r V , 



LIMITATIONS ON LEVY OF TAXES 247 

Section 5649-1 a. All bonds heretofore issued by any Former bonds 
political subdivision for a lawful purpose which have been ^^^^^ ^^ ^^^^^• 
sold for not less than par and accrued interest and the pro- 
ceeds thereof paid into the treasury, shall be held to be legal, 
valid and binding obligations of the political subdivision 
issuing the same. 

history.— 104 V. 12. 

This section was held to validate all bonds Issued prior to 
February 14, 1914, for a lawful purpose, and which were sold for 
not less than par and accrued interest. Op. Atty. Gen. (1918), 

p. nor. 

Section 5649-ib. The resolution, ordinance or other Resolution or 
measure under which bonds are issued or authorized shall shaiT^corftain 
contain a levy of taxes sufficient to pay the interest and -nJiuled iS^ 
principal of the bonds as they mature and every such resolu- annual budget, 
tion, ordinance or measure shall be certified by the fiscal 
officer of the political subdivision to the county auditor of 
the county in which the subdivision is located. Thereafter, 
the county auditor, without further action by the tax-levying 
authority of the subdivision, shall include said annual levies 
in the appropriate annual budgets submitted by him to the 
budget commissioners as provided in section 5649-3C of the 
General Code, including the county budgets ; provided, how- 
ever, that the county commissioners of any county, board 
of education of any school district, trustees of any township 
or council or chief legislative body of any municipality or 
other political subdivision may in any year appropriate for 
the purpose of paying any part of the annual interest or 
principal of such bonds of the political subdivision any 
surplus in the sinking fund or other bond retirement fund 
of the political subdivision not required for the purpose for 
which the said sinking or other bond retirement fund was 
raised and certify such appropriation to the county auditor, 
and thereupon the tax levy of the subdivision for the cur- 
rent year for the interest and principal of said bonds and 
the sum submitted by the auditor to the budget commis- 
sioners for said purpose shall be reduced by the amount 
so certified, and the sum appropriated as aforesaid shall not 
be used or expended for any purpose other than the pay- 
ment of the interest and principal for which appropriated 
until and unless said interest and principal be otherwise 
fully paid or liquidated ; provided that no such appropria- 
tion shall be made from the sinking fund without the ap- 
proval of the sinking fund trustees or commissioners. The 
sum thus included in any budget submitted to the budget 
commissioners shall not be reduced by said commissioners 
and shall be given by said auditor and commissioners and 
other taxing authorities all the precedence and priorities 
provided by law for interest and sinking fund levies. 

HISTORY.— 1(M V. 12, § 3; 109 v. 344. 

Section 5649- ic. On or before the first Monday in certification 

May of each year, the fiscal officer of the municipal corpor- by fiscal 

ation or other political subdivision shall certify to the coun- necessary to^'^ 

cil, county commissioners, board of education or other tax ^^ts."**^' 



14^ LIMITATIONS ON LEVY OF TAXES 

levying authority of his poUtical subdivision the amount 
of tax necessary to provide for the payment of final judg- 
ments against the political subdivision, except in condemna- 
tion of property cases, and said tax levying authority shall 
place such amount in the annual tax levying ordinance, 
resolution or other measure for the full amount certified. 

HISTORY.— 1C9 V. Slo. 

Tax levy limi- SECTION 5649-2. Exccpt as Otherwise provided in sec- 

tation. ^-Qj^ 5649-4 and section 5649-5 of the General Code, the 

aggregate amount of taxes that may be levied on the taxable 
property in any county, township, city, village, school district 
or other taxing district, shall not in any one year exceed ten 
mills on each dollar of the tax valuation of the taxable 
property of such county, township, city, village, school dis- 
trict or other taxing district for that year, and such levies 
in addition thereto for sinking fund and interest purposes 
as may .be necessary to provide for any indebtedness here- 
tofore incurred or any indebtedness that may hereafter be 
incurred by a vote of the people. 

HISTORY.— 101 V. 430, § 2;_ 102 v. 266; 103 v. 552. 

Levy for deticiency bonds in 1919 not subject to limitation on tax 
rate. See 108 v. Pt. I 69i. 

In view of the legislative policy declared by the enactment of 
the so-called Smith One Per Cent, law (Sections 5649-2, 5649-5b, 
General Code), the manifest purpose of which is to restrict the 
power of levying taxes and thus limit expenditures by adminis- 
trative officers, statutes purporting to permit departures from that 
general policy and authorizing exemptions therefrom will be strictly 
construed. State ex rel vs. Zangerle, 95 O. S. 1. 

Sections 5649-2, 5649-5b, General Code, inclusive, limit the rate 
of taxes that can be levied in any taxing district for any and all 
purposes. Any statutes existing at the time of the passage of these 
sections, in direct conflict therewith and not specifically repealed 
thereby, are repealed by implication. ^ 

These sections of the General Code furnish the basis of cal- 
culation for the issue of bonds in anticipation of income from taxes 
levied or to be levied. 

Bonds cannot be issued in anticipation of income from taxes 
levied or to be levied in an amount greater than the income to be 
appropriated thereby. Rabe vs. Board of Education, 88 O. S, 403. 

For construction and application of the provisions of the Smith 
One Per cent. Law as originally enacted by the act of June 2, 1911, 
see State ex rel. vs. Sanzenbacher, 84 O. S. 506. 

Limitations of the power to tax becomes unconstitutional 
where they repeal the obligations of contracts. State ex rel vs. 
Sayre, 12 O. N. P. (N. S.) 120. 

The levy provided for by section 7896-55 General Code is not 
a part of any of the four principal levies of a school ''district. It 
is accordingly not included within the tuition levy, which to the 
extent of one mill is subject only to the fifteen mill limitation of 
the Smith one per cent, law, but with other local school levies must 
be brought within the limitation of three mills provided by section 
5649-3a General Code. 

The board of education in making up its annual budget must 
designate the levy under section 7896-55 not as a special item of 
some other fund, but as a separate levy. The budget commission 
in acting on the school levies is not at liberty to reduce this levy 
unless such reduction is compelled by the fact that the levy itself, 
without consideration of contingent and building fund levies and so 
much of the tuition fund levy as is in excess of one mill, will ex- 
haust the three mill limitation under section 5649-3a General Code 



LIMITATIONS ON LEVY OF TAXES 249 

or with other levies applicable in the same district will cause the 
ten mill limitation of section 5649-2, General Code to be exceeded ; 
but if the electors of the district approve additional levies under 
sections 5649-4 and 5649-5 General Code the levy provided fflr by 
section 7896-55 may be included within the levies that may be thus 
made outside of all limitations. Op. Atty. Gen. (1920), p. 560. 

Section 7629 General Code was not repealed by implication by 
the enactment of sections 5649-2 to 5649-5b General Code, and the 
board of education of a school district may issue bonds under 
authority of such section 7629 General Code for the purposes 
therein set forth, subject to the limitations provided in said section 
and subject also to the limitations as to tax rates provided by sec- 
tions 5649-2 to 5649-5b General Code. Op. Atty. Gen. (1915), 
p. 1640. 

Section 5649-3a. On or before the first Monday in when tax levy 
June, each year, the county commissioners of each county,. ^^*'^ ^^ "'*^^- 
the council of each municipal corporation, the trustees 
of each township, each board of education and all other 
boards or officers authorized by law to levy taxes, within 
the county, except taxes levied by the state or for state pur- 
poses, shall submit or cause to be submitted to the county 
auditor an annual budget setting . forth in itemized form 
an estimate stating the amount of money needed for their 
wants for the incoming year, and for each month thereof. 
Such annual budgets shall specifically set forth : 

( 1 ) The amount to be raised for each and every pur- Annual 
pose allowed by law for which it is desired to raise money shaif^be ^^^^ 
for the incoming year. specifically 

(2) The balance standing to the credit or debit of the 
several funds at the end of the last fiscal year. 

(3) The monthly expenditures from each fund in the 
twelve months and the monthly expenditures from all funds 
in the twelve months of the last fiscal year. 

(4) The annual expenditures from each fund for each 
year of the last five fiscal years. 

(5) The monthly average of such expenditures from 
each of the several funds for the last fiscal year, and also 
the total monthly average of all of them for the last five 
fiscal years. 

(6) The amount of money received from any other 
source and available for any prpose in each of the last five 
fiscal years, together with an estimate of the probable 
amount that may be received during the incoming year from 
such source or sources. 

(7) The amount of the bonded indebtedness, setting 
out each issue and the purpose for which issued, the date of 
issue and the date of maturity, the original amount issued 
and the amount outstanding, the rate of interest, the sum 
necessary for interest and sinking fund purposes, and the 
amount required for all interest and sinking fund purposes 
for the incoming year. 

(8)^ The amount of all other indebtedness incurred, 
with a statement of the sections under which such indebted- 
ness was incurred, and the amount of such additional taxes 
as may have hcQu autliorized as provided in section 5649-5 



250 



LIMITATIONS ON LEVY OF TAXES 



Maximum tax 
levies; county, 
township, 
municipality 
and school 
district. 



When budget 
shall be made. 



Blank forms 
furnished by 
county 
auditor. 



or 5649-4 or any other section of the General Code under 
which taxes have been levied outside of usual tax limitations 
or by a vote of the people, setting out in detail each item of 
indebtedness as provided in the next preceding paragraph 
and giving the details as to dates of such levies, their rates 
and the periods for which they run. 

(9) Such other facts and information as the tax com- 
mission of Ohio or the budget commissioners may require. 

The aggregate of all taxes that may be levied by a 
county, for county purposes, on the taxable property in the 
county on the tax list, shall not exceed in any one year three 
mills. The aggregate of all taxes that may be levied by a 
municipal corporation on the taxable property in the corpor- 
ation, for corporation purposes, on the tax list, shall not ex- 
ceed in any one year five mills. The aggregate of all taxes 
that may be levied by a township, for township purposes, on 
the taxable property in the township on the tax list, shall 
not exceed in any one year one and five-tenths mills. The 
local tax levy for school purposes shall not exceed in any 
one year three mills on the dollar of valuation of taxable 
property in any school district. Such limits for county, 
township, munfcipal and school levies shall be exclusive of 
any special levy provided for by a vote of the electors, any 
levy excepted from the limitation provided for in section 
5649-2 of the General Code or authorized by said section or 
by any other provision of law to be made in addition to the 
limitation provided for in said section ; nor shall such limits 
include special assessments, levies for road taxes that may 
be worked out by the tax payers, and levies and assessments 
in special districts created for road or ditch improvements, 
over which the budget commissioners shall have no- 
control. 

Such budget shall be made up annually at the time or 
times now fixed by law when such boards or officers are re- 
quired to determine the amount in money to be raised or the 
rate of taxes to be levied in their respective taxing districts. 

The county auditor shall provide and furnish such 
boards and officers blank forms and instructions for making 
up such budgets. 

HISTORY.— 102 V. 266; 108 v. Ft. II 1303 (1304); 109 v. 146. 

Under the provisions of Section 5649-3a, General Code, the 
budget commissioners, in the adjustment of the various amounts of 
taxes to be raised in a taxing district and in reducing the estimates 
contained in the budgets, are called upon to exercise their official 
judgment and discretion. In the absence of fraud, bad faith, or 
abuse of discretion it is not within the power of the court to in- 
terfere, and an action in mandamus will not lie to control such dis- 
cretion or correct an error of judgment. State ex rel vs. Patterson, 
93 O. S. 25. 

Held, that the budget commission in enforcing the ten mill 
limitation must first bring down all estimates separately to such 
point as to conform to the five, three and two-mill limitation of 
section 5549-3a, G. C, and then, exercising reasonable discretion, the 
budget commission should further reduce the'budgets of such taxing 
districts as require reduction, having regard to the proportions in- 
dicated by section 5649-3a G. C. Op. Atty. Gen. (1918), p. 1101. 



LIMITATIONS ON LEVY OF TAXES 



2;i 



The first interest and sinkin«? fund levy on the account of bonds 
issued under section 7630-1 G. C. should be certified to the county 
auditor by the board of education, though the election authoriz- 
ing the issuance of such bonds and the resolution providing therefor 
are not held and passed, respectively, until shortly after the first 
Monday in June. Such levy is not subject to the control of the 
budget commission. Op. Atty. Gen. (1919), p. 832. 

The one mill levy for tuition purposes authorized by the 
amendment to section 7587 G. C. is in addition to the three mill 
limitation provided for in section 5649-3a G. C. Op. Atty. Gen. 
(1920), p. 838. 

The levy provided for by section 7896-55 general code is not a 
part of any of the four principal levies of a school district. It is 
accordingly not included within the tuition levy, which to extent 
of one mill is subject only to the fifteen mill limitation of the Smith 
one per cent law, but with other local levies such levy must be 
brought within the limitation of three mills, provided by section 
5649-3a. Op. Atty. Gen. (1920), p. 560. 

See opinions of Attorney General as follows : 

No. 2082 (1921), cited under Sec. 5649-6a. 

No. 2291 (1921), cited under Sec. 7625. 

(1916), p. 1207, cited under Sec. 4001. 

(1918), p. 568, cited under Sec. 7908. 

Section 5649-3b. There is hereby created in each county County budget 
a board for the annual adjustment of the rates of taxation mSSerTof, 
and fixing the amount of taxes to be levied therein, to be §°^.JJ^ ^"'^' 
known as the budget commissioners. The county auditor, 
the county treasurer and the prosecuting attorney shall con- 
stitute such board. The budget commissioners shall meet 
at the auditor's ofifice in each county on the first Monday in 
August annually, and shall complete their work on or before 
the third Monday in that month, unless for good cause the 
tax commission of Ohio shall extend the time for completing 
the work. Each member shall be sworn faithfully and impar- 
tially to perform the duties imposed upon him by law. Two 
members shall constitute a quorum. The auditor shall be 
the secretary of the board and shall keep a full and accurate 
record of all proceedings. The auditor shall appoint such 
messengers and clerks as the board deems necessary, who 
shall receive not to exceed three dollars per day for their 
services for the time actually employed, which shall be paid 
out of the county treasury. The budget commissioners shall 
be allowed their actual and necessary expenses. Such ex- 
penses shall be itemized and sworn to by the person who 
incurred them and paid out of the county treasury when 
approved by the board. For the purpose of adjusting the 
rates of taxation and fixing the amount of taxes to be levied 
each year the county auditor and the budget commissioners 
shall be governed by the amount of the taxable property as 
shown on the auditor's tax list for the current year; pro- 
vided, that if the auditor's tax list has not been completed, 
the county auditor shall estimate as nearly as practicable the 
amount of the taxable property for such year and such 
officers shall be governed by such estimate. 

HISTORY.— 102 V. 266; 103 v. 552; 104 v. 237; 106 v. 180. 

The state has authority to appoint administrative agencies not 
only to levy but to supervise and adjust the levies between its tax- 



2^2 , LIMITATIONS ON LEVY OF TAXES 

ing units; and sections o649-3b and 5649-30, General Code, creating 
the budget commission and defining its duties, are not a delegation 
of legislative power. State ex rel vs. Cooper, 97 O. S. 86. 

The duties of the budget commission prescribed by section 
5649-3b, G. C, involve the exercise of judgment and discretion, and 
consequently a deputy cannot exercise the same on behalf oi his 
principal. Op. Atty. Gen., (1914), p. 705. 

See opinions of Attorney General (1918), p. 568, cited under 
Sec. 7908. 

Examination of SECTION 5649-3C. The auditor shall lay before the 

estima\eT;. budget Commissioners the annual budget submitted to him 
when certified, ^y ^he boards and officers named in section 5649-3a of this 
act, together with an estimate to be prepared by the auditor 
of the amount of money to be raised for state purposes in 
each taxing district in the county, and such other informa- 
tion as the budget commissioners may request, or the tax 
commission of Ohio may prescribe." The budget commis- 
sioners shall examine such budgets and estimates prepared 
by the county auditor, and ascertain the total amount pro- 
posed to be raised in each taxing district for state, county, 
township, city, village, school district, or other taxing district 
purposes. If the budget commissioners find that the total 
amount of taxes to be raised therein does not exceed the 
amount authorized to be raised in any township, city, village, 
school district, or other taxing district in the county, the 
fact shall be certified to the county auditor. If such total is 
found to exceed such authorized amount in any township, 
city, village, school district, or other taxing district in the 
Adjustment of couuty, the budget commissioners shall adjust the various 
^^ amounts to be raised so that the total amount thereof shall 

not exceed in any taxing district the sum authorized to be 
levied therein. In making such adjustment the budget com- 
missioners may revise and change the annual estimates con- 
tained in such budgets, and may reduce any or all the items 
in any such budget, but shall not increase the total of any 
such budget, or any item therein. The budget commissioners 
shall reduce the estimates contained in any or all such bud- 
gets by such amount or amount^ as will bring the total for 
each township, city, village, school district, or other taxing 
district, within the limits provided by law, but if the aggre- 
gate of the items of any school district budget for purposes 
for which taxes subject to the limitations imposed by sec- 
tion 5649-3a of the (General Code are to be levied would re- 
when items in quire a total levy, subject to .such limitation, of two mills 
Jha?i°^not^be* ^" ^^^^^ districts in which all the limitations imposed by such 
reduced. scctiou are operative, or of two and two-tenths mills in such 

districts in any part of which the township limitation therein 
imposed is not operative, the budget commissioners shall not 
reduce such items of such, school district budget below an 
amount which would be produced by a levy in the whole 
district at the greater of the two rates mentioned in this 
section. 
Tax rate When the budget commissioners have completed their 

ascertained. -^york they shall certify their action to the county auditor, 
who shall ascertain the rate of taxes necessary to be levied 



LlxMlTATlUNS UN LEVY OF TAXES 



253 



Upon the taxable property therein of such county, and of 
each township, city, village, school district, or other taxing 
district, returned on the grand duplicate, and place it on the 
tax list of the county. 

HISTORY.— 102 V. 266; 108 v. Pt. II 1303 (1305). 

For the time at which the amendment of this section in 108 v. Pt. II 
1303 takes effect, see 108 v. Pt. II 1303 (1313), § 3. 

The budget commissioners of a county cannot reduce, increase, 
or change the sum levied for state purposes. State ex rel vs. Ed- 
mondson, 89 O. S. 93. 

See opinions of Attorney General (1918), p. 568, cited under 
Sec. 7908. 

Section 5649-3d. At the beginning of each fiscal half 
year the various boards mentioned in section 5649-3a of this 
act shall make appropriations for each of the several objects 
for which money has to be provided, from the moneys known 
to be in the treasury from the collection of taxes and all 
other sources of revenue, and all expenditures within the 
following six months shall be made from and within such 
appropriations and balances thereof, but no appropriation 
shall be made for any purpose not set forth in the annual 
budget nor for a greater amount for such purpose than the 
total amount fixed by the budget commissioners, exclusive 
of receipts and balances. 

HISTORY.— 102 V. 266. - 

See opinions of Attorney General (1918), p. 711, cited under 
Sec. 7908. 

(1916), p. 1207, cited under Sec. 4001. 

Section 5649-3^ Unexpended appropriations or bal- 
ances of appropriations remaining over at the end of the 
year, and the balances remaining over at any time after a 
fixed charge shall have been terminated by reason of the 
object of the appropriation having been satisfied or aban- 
doned, shall revert to the general fund, and shall then be 
subject to other authorized uses, as such board or officers 
may determine. 

HISTORY.-102 V. 9eQ. 

Section 5649-4. For the emergencies mentioned in 
sections forty-four hundred and fifty, forty-four hundred 
and fifty-one,, fifty-six hundred and twenty-nine, and 7630-1 
of the General Code, and for local school purposes author- 
ized by a vote of the electors under the provisions of sections 
5649-5 and 5649-5a of the General Code, to the extent of 
three mills for such school purposes, the taxing authorities 
of any district may levy a tax sufficient to provide therefor 
irrespective of any of the limitations of this chapter. 

history.— 101 V. 430, § 4; 103 v. 527; 108 v. Pt. II 1303 (1306). 

Under section 7630-1, G. C, mere equipment or furnishings 
for a school house, made necessary by the order of the department 
of inspection of public buildings in the Industrial Commission, can 
not be made the basis of the issuance of bonds the sinking fund 
levies on account of which may be exempted from all limitations 
under section 5649-4; but installation of such equipment as a heat- 
ing system, a sanitary system, the removal of floor registers, new 



Approoria- 
tions each 
fiscal half 
year. 



Balances un- 
expended. 



Tax levy for 
emergency ir- 
respective of 
limitations 



254 LIMITATIONS ON LEVY OF TAXES 

hardware on doors, and provision for additional means of egress, 
involving as they do fundamental alterations of the building itself, 
are not to be classed as mere furnishings but as repairs and re- 
building within the meaning of said section 7630-1, G. C. Op. Atty. 
Gen. (1920), p. 825. 

See opinions of Attorney General (1914), p. 548, cited under 
Sec. 1032; No. 1889 (1921), cited under Sec. 7610. 

See opinions of Attorney General (1918), p. 568, cited under 
Sec. 7908. 

Proceedings SECTION 5649-5. The county commissioners of any 

r^atriJJSffi™"*" county, the council of any municipal corporation, the trus- 
cient. tee of any township, or any board of education may, at any 

time, by a majority vote of all the members elected or ap- 
pointed thereto, declare by resolution that the amount of 
taxes that may be raised by the levy of taxes at the maximum 
rate authorized by sections 5649-2 and 5649-3 of the General 
Code as herein enacted within its taxing district, will be 
insufficient and that it is expedient to levy taxes at a rate, in 
excess of such rate and cause a copy of such resolution to 
be certified to the deputy state supervisors of the proper 
county. Such resolution shall specify the amount of such 
proposed increase of rate above the maximum rate of taxa- 
tion and the number of years not exceeding five during which 
such increased rate may be c-ontinued to be levied. 

HISTORY.— 101 V. 430, § 5; 102 v. 266. 

The provisions of Section 5649-5, General Code, which 
authorize "any board of education * * * ^t any time * * * 
to declare by resolution that the amount of taxes that may be 
raised by the levy of taxes at the maximum rate authorized by 
Sections 5649-2 and 5649-3 of the General Code * * * ^ill be 
insufficient and that it is expedient to levy a tax at a rate, in excess 
of such rate," and the provision of that and the succeeding section 
for the submission of such proposition to the electors of the district, 
authorize such board of education to submit separate propositions for 
the increase of such rate in separate years ; and where such proposi- 
tions cover the same years in part, and it is the manifest intention 
of such board and the electors voting upon such proposition that 
such levies shall be cumulative, a board of education is authorized 
by Section 5649-2, which includes Sections 5649-4 and 5649-5, General 
Code, by reference, to include in its estimate for submission to the 
budget commission all such special levies voted by the electors. 

Special levies voted by the electors under the provisions of 
Section 5649-5 and 5649-5a, General Code, are by the provisions of 
Section 5649-3a, General Code, exempt from control of the budget 
commissioners. 

Special levies to the extent of three mills for local school pur- 
poses authorized by a vote of the electors since the amendment-of 
Section 5649-4 of February 4, 1920, (108 O. L. Pt. 2, 1306), are out- 
side of all limitations of Title 1, Chapter 12, Part Second of the 
General Code of Ohio. Faust, Auditor, vs. State ex rel 103, O. S., 
271 (Decided July 12, 1921.) 

If a school district votes an additional levy under sections 
5649-5 and 5649-5a, G. C, with a view to obtaining the benefit of 
such action accruing by virtue of amended section 5649-4, G. C, the 
effect of such action will be to substitute the authority thus con- 
ferred upon the board of education for the authority existing by 
virtue of a previous vote under sections 5649-4 and 5649-5, G. C. 
Op Atty. Gen. (1920), p. 395. 

In a school district where the question of an additional levy 
under the provision of sections 5649-5 and 5649-5a, G. C, was sub- 
mitted to the electors at a special election held on August 10th, 
1920, and the authorization of such additional levy failed to receive 



LIMITATIONS ON LEVY OF TAXES 255 

a majority of those voting thereon, such question may be again sub- 
mitted at the general election in 1920, in the manner provided in 
section 5649-oa, G. C, and if the question carries by a majority 
vote such school district is entitled to participate in the reserve 
fund to be disbursed by the state superintendent of public instruc- 
tion for the school year 1920-21. Op. Atty. Gen. (1920), p. 906 . 

Held that a school district maintaining a second and third 
grade high school, had not reached the maximum levy permitted by 
law, as provided in section 7748, G. C., where the electors in such 
school district, at a special election refused to authorize the ad- 
ditional levy allowed under the provisions of section 5649-5 and 
section 5649-5a, G. C, submitted at such election under authority of 
section three of House Bill 615, (108 O. L. 1303), and the board of 
education is not relieved of paying the tuition of graduates eligible 
to high school who are residents in such school district. Op. Atty. 
Gen. (1920), p. 920. 

Where the electors of a school district voted upon the ques- 
tion of a levy for taxes, under the provisions of sections 5649-5 and 
5649-5a, G. C., the amount to be three mills for two years, and a 
mistake was made in printing the ballots providing for a levy of 
three mills for five years, the proceeding is not invalid and the board 
of education is authorized to levy three mills for school purposes 
during a period of two years, the period provided in the resolution 
of the board of education. Op. Atty. Gen. (1920), p. 1274. 

Under favor of section 5649-5 et seq., G. C., a taxing district 
within which the five and ten-mill limitations of sections 5649-3a 
and 5649-2, G. C., respectively, are insufficient to provide necessary 
revenue, may submit the question of extra tax levies to a vote of 
the people, but the approval of the electors given to the taxing 
authorities of one or more taxing districts levying within the same 
territory can not authorize a combined maximum rate in excess of 
fifteen mills ; so that if the number of mills approved by the people, 
together with other levies, exceeds fifteen mills, the budget com- 
mission must reduce the special levy with other levies, so that the 
fifteen-mill limitation will not be exceeded ; and so that further, if 
the electors of a given territory approve levies by different authori- 
ties within that territory which in combination will cause the fifteen- 
mill ^ limitation to be exceeded, the margin within the fifteen-mill 
limitation must be apportioned by the budget commission between 
the two taxing districts which have been authorized to make ed- 
ditional levies. Op. Atty. Gen., (1918), p. 1101. 

The effect of a vote under section 5649-5a, G. C., is merely 
to authorize the making of additional levies subject to the fifteen- 
mill limitation imposed by section 5649-5b, G. C., for and during the 
period of time covered by such vote. Such vote is not in and of 
itself effective as a levy, and if the levying authorities omit to make 
the levy in any year within such period, no authority is thereby 
granted to make such levy in any year after the expiration of the 
period. This is true even though the omission to make the levy is 
due to the breach of mere ministerial duty, and no steps had been . 
taken in time to compel the performance of such duty. Op. Atty. 
Gen., (1920), p. 349. 



Section 5649-53. Such proposition shall be submitted 
to the electors of such taxing district at the November elec- 
tion that occurs more than twenty days after the adoption 
of such resolution. The deputy state supervisors shall pre- 
pare the ballots and make the necessary arrangements for the 
submission of such question to the electors of such taxing 
district, and the election shall be conducted, canvassed and 
certified in Hke manner, except as otherwise provided by law, 
as regular- elections in such taxing district for the election 
of officers thereof. Twenty days' notice of the election shall 
be given in one or more newspapers printed in the taxing 



Vote. 



Notice. 



J50 LIMITATIONS ON LEVY OF TAXES 

district once a week for four consecutive weeks prior 
thereto, stating the amount of the additional rate to be 
levied, the purpose for which it is to be levied, and the num- 
ber of years during which such increased rate may be con- 
tinued to be levied, and the time and place of holding the 
election. If no newspaper is printed therein, the notice shall 
be posted in a conspicuous place and published once a week 
for four consecutive weeks in a newspaper of general circu- 
lation in such taxing district. 

Ballot. The form of the ballots cast at such election shall be : 

"For an additional levy of taxes for the purpose of 

. not exceeding mills, for not to 

exceed years, Yes." 

"For an additional levy of taxes for the purpose of 

not exceeding mills, for not to 

exceed years, No." 

HISTORY.— K 2 v. 266. 

Result.' Section 5649-5b. If a majority of the electors voting 

thereon at such election vote in favor thereof, it shall be 
lawful to levynaxes within such taxing district at a rate not 
to exceed such increased rate for and during the period pro- 
vided for in such resolution, but in no case shall the com- 
bined maximum rate for all taxes levied in any year in any 
county, city, village, school district, or other taxing district, 
under the provisions of this and the two preceding sections 
. and sections 5649-1, 5649-2 and 5649-3 of the General Code 

fifteen "miiis!^^ as herein enacted, exceed fifteen mills. 

HISTORY.— 102 V. 266; 103 v. 57. 

Where a board of education submits to the electors of the 
district a proposition for extra taxes in the years 1921, 1922 and 
1923 under favor of House Bill 34 (109, O. L., 307), and the 
proposition so submitted fails to receive the affirmative votes of 
sixty per cent, oi the electors voting thereon, but does receive a 
majority of the votes of such electors, the board of education is not 
authorized to make any levy outside of the fifteen-mill limitation 
provided for bv section 5649-5b of the General Code. Op. Atty. 
Gen. No. 2625, Nov. 26, 1921. 

A lev}' for school purposes authorized by the electors under 
sections 5649-5 and 5649-5a. G. C.. prior to 1920 may not be made 
to anv extent outside of the limitations of section 564P-5b, G. C. 
Op. Atty. Gen. (1920), p. 338. 

See opinions of Attorney General (1918), p. 568, -cited under 
Sec. 7908. 

Consolidated Sectiox 5649-6. Whenever two or more taxing dis- 

districts. tricts are consolidated by annexation or otherwise, the ag- 

gregate amount of taxes authorized under section two of 
this act, for such consolidated district shall not exceed the 
sum of the aggregate amounts which would have been au- 
thorized for all of said taxing districts separately. 

history.— 101 V. 430, § 6. . 



LIMITATIONS ON LEVY OF TAXES 



257 



Section 5649-6a. The commissioners of any county, 
the trustees of any township, the council or other legisla- 
tive body of any municipal corporation, or the board of edu- 
cation of any school district having a bonded indebtedness 
on January 20, 1920, or having authority by a vote of the 
electors at an election held prior to said date, to issue such 
bonds, or having provided for the issuance of such bonds 
without a vote of the electors by ordinance or resolution 
adopted on or before said date, whether the effectiveness 
thereof was postponed until after said date by laws or 
charter provisions requiring publication or subjecting such 
ordinance or resolution to a referendum, or not, may, at 
any regular or primary election held in the year 1920 or in 
any year thereafter during the life of any such bonds submit 
to the electors of such county, township, municipal corpora- 
tion, or school district, in the manner provided by sections 
5649-5 and 5649-5a of the General Code the proposition of 
exempting from the limitations of sections 5649-2, 5649-3a 
and 5649-5b of the General Code all subsequent levies for 
interest and sinking fund purposes on account of such bonds. 
In the resolution providing-for such submission, the rate of 
taxes that would be required for such purposes in the next 
succeeding year on the basis of the duplicate made up in the 
year in which the resolution is adopted shall be set forth, 
together with the number of years during which the exemp- 
tion would apply. The form of ballots cast at such election 
shall be : 

''For exempting interest and sinking fund levies on ac- 
count of outstanding bonds from all tax limitations "Yes." 

"For exempting interest and sinking fund levies on ac- 
coul^t of outstanding bonds from all tax limitations "No." 

, HISTORY.— 108 V. Pt. II 1199, § 1. 

No authority is conferred on a board of education by sections 
5649-Oa and 5649-6b of the General Code to submit to the electors 
of their school district the question of exempting from all tax limita- 
tions interest and sinking fund levies for any specific bonded in- 
debtedness cf the district. The question submitted must be that of 
exempting from all tax limitations the necessary interest and sinking 
fund levies on account of all outstanding bonded indebtedness of 
the district, which term includes not only bonds issued prior to 
January 20, 1920, but also bonds authorized to be issued prior to 
that date by a vote of the electors or by a resolution of the board 
of education which have not actually been issued until after that 
date. 

After the approval of the electors of a school district is se- 
cured in the manner provided by sections 5649-6a and 5649-6b, a 
board of education of a school district may levy taxes irrespective 
of the limitations of sections 5649-2, 5649-3a and 5649-5b to pay 
interest upon and create a sinking fund for the redemption of the 
bonded indebtedness of the district, including not only bonds issued 
and outstanding January 20, 1920, but also bonds not issued but 
authorized to be issued prior to that date either by a vote of the 
electors or by a resolution of the board, even though in the resolu- 
tion of the board of education submitting such tax exemption 
question to ^the electors no specific mention was made of such 
authorized Slit not vet issued bonds. Op. Atty. Gen. No. 2082, 
May 16, 1921. 

17 s. L. 



Taxing author- 
ities permitted 
to remove in- 
terest and sink- 
ing fund levies 
from limita- 
tions on tax 
rates on ma- 
jority vote of 
electors. 



Resolution; 
form of 
ballot. 



258 LIMITATIONS ON LEVY OF TAXES 

Rate may run SECTION 5649-6b. If the majority of the electors vot- 

bonds^ ^'^^ °^ ^^S thereon at such election vote in favor thereof, it shall be 
lawful to levy taxes within such taxing district for such pur- 
poses during the remainder of the life of such bonds at such 
rate, annually, as may be necessary to pay the interest on 
such bonds and to provide a sinking fund for their retire- 
ment at maturity, irrespective of any of the limitations pre- 
scribed by the sections of the General Code mentioned in 
section i [G. C. § 5649-6a] of this act. 

HISTORY,— 108 V. Pt. II 1199 (1200), § 2. 

Not applicable SECTION 5649-6C. Nothing in this act shall apply to 

ieviS"^"^* current levies in anticipation of which bonds have been 

issued ; and such bonds shall not be considered as a part of 

the bonded indebtedness of any political sub-division for 

the purposes of this act. [9 C. §§ 5649-6a to 5649-6d.] 

HISTORY.— 108 V. Pt. II 1199 (1200), § 3. 

What interest SECTION 5649-6d. All interest and sinking fund levies 

fund ie^i^ ^^ account of bonds issued by any municipal corporation 
excluded. Under authority of H. B. No. 712 of the 83rd General As- 

sembly passed January 22, 1920, entitled "to authorize the 
taxing authorities of municipal corporations to fund defi- 
ciencies in operating revenues for the year 1920, issue bonds 
and levy taxes for such purposes" shall be excluded from the 
operation of any and all limitations on tax rates imposed by 
any law now in force, anything in the provisions of said 
H. B. No. 712 or in such tax limitation laws to the contrary 
notwithstanding. 

HISTORY.-108 V. Pt. II 1199 mm, § 4. 



Joint , session SECTION 5649-7. Whenever a taxing district is located 

sk)ns°?™^ad- ^" two or more counties, the budget commission of the coun- 
just tax ties in which such district is located shall meet in joint 

ra es, powers, g^^j^j^ ^^ ^-j^^ ^^y^ q£ ^j^g chairman of the commission of the 

county wherein the greatest amount in value of taxable prop- 
erty in such taxing district is located, and adjust the rates 
of taxation for the purpose of such district so as to enforce 
the limitation of the preceding section and to produce uni- 
form rates throughout the districts. Provided, however, 
that the levies for such taxing district purposes shall not be 
reduced by such joint budget commission below what would 
be required to enforce such limitation in such part of such 
district in which the least reduction of such levies is neces- 
sary to enforce such limitation; and such levies so fixed shall 
be applied uniformly throughout such district, anything to 
the contrary in the provisions of the preceding sections of 
this chapter notwithstanding. 

HISTORY.— 108 V. Pt. II 1226. 



CHAPTER i6 

TRANSFER OF FUNDS, LIMITATION ON CONTRACTS AND INSPEC- 
TION OF ACCOUNTS 



Section 

2296. How board of education may transfer 

funds, 

2297. Resolution and petition for transfer. 

2298. Notice of petition. 

2299. Hearing on petition and objections. 

2300. Transfer upon finding of court. 

2301. Finding of court to be entered on record 

of board of education. 

2302. Proceedings on appeal or error to find- 

ing of court. 
5660. Board of education not to enter into 
contract unless money certified to be 
in fund. 



Section 

5661. Provisions not to apply to certain con- 
tracts. 
274. Bureau of inspection of public offices; 
its duties and powers. 

283. Removal from office for failure to keep 

proper accounts. 

284. Biennial examination of school district 

offices to be made. 
286. What report of examination shall set 
forth and where same is to be filed. 
Collection of amounts found due by 
bureau. 



Section 2296. The county commissioners, township 
trustees, the board of education of a school district, or the 
council, or other board having the legislative power of a 
municipality, may transfer public funds, except the proceeds 
or balances of special levies, loans or bond issues, under 
their supervision, from one fund to another, or to a new fund 
created under their respective supervision, in the manner 
hereafter provided, which shall be in addition to all other 
procedure now provided by law. 

HISTORY.— R. S. §§ 22b-2, 22b-3; 95 v. 371, §§ 1, 2; 103 v. 521 (522). 

This section authorizes only the transfer of moneys from one 
fund to another, both of which are under the control of the same 
board. Infirmary Directors vs. Commissioners, 6 O. N. P (N. 
S.), 347. 

This and subsequent sections relating to transfer of funds 
were considered and applied in the case of State ex rel vs. Sayre, 
12 O: N. P. (N. S.), 337. 

See opinions of Attorney General No. 2220 (1921), cited under 
Sec. 7896-55. 

Held, that the common pleas court has power, under sections 
2296 et seq., G. C, to permit a transfer of money from the tuition 
fund to another fund of the school district, but that in view of the 
trust nature of the tuition fund such action on the part of the court 
would be a rare possibility. Op. Atty. Gen. (1912), p. 1106. 

If the board of education of a school district finds that there 
is a surplus in its tuition fund, resulting from the local tax levy 
for said fund, which will not be needed for any of the purposes of 
said fund, and that it is necessary to transfer said surplus to its 
building fund to be used in the construction of a school building 
which the board of education finds necessary for proper accom- 
modation of the pupils of its district, such boards may upon the 
order of the common pleas court, on an application duly made in 
compliance with the requirements of section 2296, et seq., G. C., 
transfer said surplus from the said tuition fund to the building 
fund for the purpose named. Op. Atty. Gen. (1915), p. 562. 

Authority to transfer funds is limited to funds represented 
by actual cash in the treasury to the credit of proper funds from 
which the transfer is to be made; and money belonging in one fund 
of a school district may not be transferred to cover overdrafts in 
another fund. 

(259) 



Funds may 
transferred 
by whom. 



be 



26o 



TRANSFER OF FUNDS AND INSPECTION OF ACCOUNTS 



Resolution 
and petition. 



As to actual cash balances, however, there may be a transfer 
under sections 2296 et seq., G. C, from a sinking fund of a school 
district to another fund, when the school district has no outstanding 
bonds. Op. Atty. Gen. (1918), p. 879. 

Section 2297. A resolution of such officers or board 
shall be duly passed by a majority of all the members there- 
of declaring the necessity therefor, and such officers or board 
shall file a petition in the court of common pleas of the 
county in which the funds are held. The petition shall set 
forth the name and amount of the fund, the fund or funds 
to which it is desired to be transferred, a copy of such 
resolution with a full statement of the proceedings pertain- 
ing to its passage, and the reason or necessity for the trans- 
fer. 

HISTORY.— R. S. § 22b-3; 95 v. 371, § 2. 



Hearings and 
obljections. , 



Notice o£ the SECTION 22q8. The petitioner shall s^ive notice of the 

filing, objects and prayer of the petition, and of the time 
when it will be for hearing. The notice shall be given by 
one publication in two newspapers of opposite politics, hav- 
ing a general circulation in the territory to be affected by 
such transfer of funds, preference being given to news- 
papers published within the territory. If there are no such 
newspapers, the notice shall be posted in ten most conspicu- 
ous places within the territory for the period of four weeks. 

HISTORY.— R. S. § 22b-3; 95 v. 371, § 2. 

Section 2299. The petition may be heard at the time 
stated in the notice, or as soon thereafter as convenient for 
the court, but such cause shall be heard, upon request of the 
petitioners in preference to all other cases on the docket. 
Any person or persons, objecting to the prayer of such 
petition, shall file their objections in such cause on or before 
the time fixed in the notice for hearing, and they shall be 
entitled to be heard. 

HISTORY.— R. S. § 22b-3; 95 v. 371, § 2. 

Section 2300. If, upon the hearing the court finds 
that the notice has been given as herein required, that the 
petition states sufficient facts, that there are good reasons, 
or that a necessity exists for the transfer, and that no injury 
will result therefrom, it shall grant the prayer of the petition 
and order the petitioners to make such transfer. The court 
may make an order for the reimbursement, in whole or in 
part, of the fund from which such transfer is made. 

HISTORY.— R. S. § 22b-3; 95 v. 371, § 2; 103 v. 521 (52S). 

Findings to SECTION 2301. A copy of the findings, orders and 

rlcords!^^'^ ^" judgments of the court, shall be certified by the clerk and 
entered on the records of the petitioning officers or board, 
and thereupon the petitioners may make the transfer of 
funds as directed therein. All costs of such proceeding shall 
be paid by the petitioners, except in case objections are 



Transfer 
upon finding 
of court. 



TRANSFER OF FUNDS AND INSPECTION OF ACCOUNTS 



261 



filed, the court may order such objectors to pay all or a 
portion thereof as is just and equitable. 

HISTORY.— R. S. § 22b-3; 95 v. 371, § 2. 

Section 2302. The petitioners or any person or per- 
sons who filed objections to the petition, may appeal such 
cause to the circuit court of the county, and the proceedings 
in appeal shall be the same as provided for appeals from the 
common pleas to the circuit court in other cases, and such 
cause may be reviewed on error in the supreme court. When 
the cause is appealed the circuit court shall have the same 
power and make the same orders, and all proceedings therein 
shall 'be had as herein provided for in the court of common 
pleas, except the question of costs shall be within the discre- 
tion of such court. 

HISTORY.— R. S. § 22b-3; 95 v. 371, § 2. 



Appeal 
error. 



and 



Section 5660. The commissioners of a county, the 
trustees of a township and the board of education of a school 
district, shall not enter into any contract, agreement or obli- 
gation involving the expenditure of money, or pass any reso- 
lution or order for the appropriation or expenditure of 
money, unless the auditor or clerk thereof, respectively, first 
certifies that the money required for the payment of such 
obligation or appropriation is in the treasury to the credit 
of the fund from which it is to be drawn, or has been levied 
and placed on the duplicate, and in process of collection and 
not appropriated for any other purpose; money to be de- 
rived from lawfully authorized bonds sold and in process of 
delivery shall, for the purpose of this section, be deemed in 
the treasury and in the appropriate fund. Such certificate 
shall be filed and forthwith recorded, and the sums so certi- 
fied shall not thereafter be considered unappropriated until 
the county, township or board of education, is fully dis- 
charged from the contract, agreement or obligation, or as 
long as the order or resolution is in force. 



Certificate, 
what to 
specify. 



V. 520; ICl V. 37. 
appointments and 

see G. C. § 7201 



HISTORY.— R. S. § 2834b; 93 v. 218; 92 v. 341; 99 
Provisions of this section do not apply to certain 

employment, see G. C. § 2413. 

For a section limiting the operation of this section, 

(1C8 V. Pt. I 505). 

Failure of the clerk of the board of education to first certify 
that the money used to meet the obligations sought under a contract 
for the construction of a school house, is in the treasury to the 
credit of the fund from which it is to be drawn, or that the same 
has been levied and is in process of collection, and has not been 
appropriated for any other purpose, renders the contract void. Mc- 
Alexander vs. Havi'land School District, 7 O. N. P. (N. S.) 590. 

Where no certificate of the clerk of a board of education that 
a fund requisite for the payment of attorney fees were in the 
treasury and unappropriated, was filed prior to the adoption of the 
resolution by the board of education employing said attorneys and 
providing for the payment of their fees, such resolution is without 
effect and an injunction will lie against the payment of such at- 
torney fees. Caldwell vs. Marvin et al, 8 O. N.'P. (N. S.), 387. 

The members of a beard of education are not personally liable 
on a contract made by them without an appropriation having first 
been made therefor as required bv this section. Davton vs. 
Thomas, 20 O. N. P. (N. S.), 539. 



Filing and 
recording. 



262 TRANSFER OF FUNDS AND INSPECTION OF ACCOUNTS 

Under the provisions of Section 5660, General Code, when 
money for a public building is to be derived from the sale of law- 
fully authorized bonds, a contract for such improvement, or any 
part_ thereof, is void unless the auditor or clerk of the board first 
certifies that the money required for the payment of such obliga- 
tion or appropriation is in the treasury to the credit of the fund 
from which it is to be drawn. 

Where there is only one bond issue authorized, but several 
separate contracts are entered into with separate contractors, the 
auditor or clerk must file a separate certificate for each of such 
contracts. 

The restrictive statutes of the state are enacted for the general 
good, and for the protection not only of the contractor but also of 
the taxpayer, and their provisions will be strictly adhered to, and it 
devolves upon those who deal with public officials to see for them- 
selves that the statutes have been complied with. Knowlton & 
Breinig vs. the Board of Education. 13 App. 30. 

By reason of the provision of 5660, General Code, the board of 
education of a school district can not enter into a $100,000.00 con- 
tract for the construction of a school building without a certificate 
that the full amount of the contract price is in the treasury. The 
board, however, may let the contract in distinct sections for less 
amount of money, and issue bonds for each such contract after com- 
pletion of former section. Op. Atty. Gen. (1911), p. 1013. 

By reason of the provisions of this section and of section 
5661, G. C, the board of education of a school district does not 
have authority under the provisions of sections 5656 and 5658, G. C, 
to fund indebtedness consisting of unpaid bills for contingent ex- 
penses. Op. Atty. Gen. (1915), p. 477. 

Where the board of education of a school district at the time 
of letting a contract for the construction and equipment of a school 
building, has sufficient funds available for such purposes as evi- 
denced by the certificate filed with said board by its clerk in com- 
pliance with the requirement with section 5660, G. C, but subse- 
quent to the time said obligations are incurred, the bank located in 
said district and duly designated by said board of education as the 
depository for the school funds is closed and a receiver therefore 
appointed, so that said board of education is unable to draw on the 
funds deposited in said bank to pay said obligations as the same 
become due, said board of education, by complying with the re- 
quirement of section 5658, G. C, that is by first determining by 
formal resolution that the amounts due according to the terms of 
the contract are existing, valid and binding obligations of the said 
school district, may borrow moi^ey for the purpose of funding 
said obligations under the authority of section 5656 G. C. Op. Atty. 
Gen. (1916), p. 683. 

Where in an action between the board of education of a school 
district within the county school district and the county board of 
education, the prosecuting attorney of the county declines to repre- 
sent said county board of education, said county board may, upon 
the filing with it of a certificate of available money in said con- 
tingent fund for said purpose, employ counsel to represent it in 
said case, and out of said fund pay for the services rendered. Op. 
Atty. iGen. (1916), p. 915. 

The certificate required by section 5660 G. C, may issue as 
soon as such levies have been placed on the duplicate and are in 
process of collection. Such levies can not be regarded as placed on 
the duplicate and in process of collection until the duplicate of the 
books containing the tax list has been made up by the county audi- 
tor and delivered to the county treasurer. Op. Atty, Gen. (1916), 
p. 1192. 

In cases in which bonds have been sold and the proceeds placed 
in a special fund to be used for a specific work, and a contract is 
entered into for the construction of said work, the provision of sec- 
tion 5660, G. C, that a certificate must first be made by the proper 
officer to the effect that the money is in the treasury to the credit 



TRANSFER OF FUNDS AND INSPECTION OF ACCOUNTS 



263 



of said fund do not apply. 81 O. S. QQ; 74 O. S. 185; 59 O. S. 446; 
20 C. C. (N. S.) 47; however, Village vs. Diekmeier, 79 O. S. 323 
seems to hold otherwise. Op. Atty. Gen. (1917), p. 885. 

A contract cannot be awarded for the construction of a school 
building where the total amount of the lowest bid is in excess of 
the amount of money in the treasury appropriated for that purpose. 
Op. Atty. Gen. (1917), p. 692. 

Obligations incurred in violations of the provisions of section 
5660 G. C.. can not be funded under section 5656 G. C. Op. Atty. 
Gen. (1917), p. 540. 

Boards of education are without authority to accept commercial 
instruments known as "trade acceptances" in payment for goods 
purchased, such action being contrary to the provisions of Sections 
5660 and 5661, General Code, and beyond the power of such officers. 
Op. Atty. Gen. (1920), p. 666. 

Section 5661. All contracts, agreements or obliga- 
tions, and orders or resolutions entered into or passed con- 
trary to the provisions of the next preceding section, shall 
be void, but such section shall not apply to the contracts 
authorized to be made by other provisions of law for the 
employment of teachers, officers, and other school employes 
of boards of education. 



history. 

See G. C. 



-R. S. § 283ib; 93 v. 218; 92 v. 341; 99 



5-20. 



See note to G. C., Sec. 5600, citing Op. Atty. Gen. 1920, 
p. 666. 

In the employment of teachers the board of education is not 
limited by amount of revenue which may be certainly anticipated, 
and may therefore adopt a salary budget dependent for success upon 
the approval of the electors of a special levy. Op. Atty. (jen. 
1920, p. 646. 



Exceptions 
thereto. 



Section 274. There shall be a bureau of inspection Bureau of 
and supervision of public offices in the department of auditor pubHc^^office°s^; 
of state ^which shall have power as hereinafter provided in powers and 
sections tw^o hundred seventy-five to two hundred eighty- 
nine, inclusive, to inspect and supervise the accounts and 
reports of all state offices, including every state educational, 
benovelent, penal and reformatory institution, public institu- 
tion and the offices of each taxing district or public institu- 
tion in the state of Ohio. Said bureau shall have the power 
to examine the accounts of every private institution, as- 
sociation, board or corporation receiving public money for 
its use and purpose, and may require of them annual reports 
in such form as it may prescribe. The expense of such ex- 
amination shall be borne by the taxing district providing 
such public money. By virtue of his office the auditor of 
state shall be chief inspector and supervisor of pubHc offices, 
and as such appoint not exceeding two deputy inspectors 
and supervisors, and a clerk. No more than one deputy in- 
spector and supervisor shall belong to the same political 
party. 

HISTORY.— R. S. § 181a-l; 95 v. 511. § 1; 101 v. 382; 106 v. 26; 103 v. 
24«, In effect September 1, 1915, as amended in 106 v. 26. 

All public property and public moneys, whether in the custody 
of public officers or otherwise, constitute a public trust fund, and 
all persons, public or private, are charged by law with the knowl- 



264 



TRANSFER OF FUNDS AND INSPECTION OF ACCOUNTS 



Penalty for 
refusal to 
comply with 
instructions. 



Biennial 'and 
annual ex- 
aminations. 



What rei)ort 
of examina- 
tion shall set 
forth ; where 
report filed. 



Where certi- 
fied copies 
filed; ,how 
transmitted. 



edge of that fact. Said trust fund can be disbursed only by clear 
authority of law. 

Sections 274, 284 and 286, etc., General Code, creating a bureau 
of inspection and supervision of public officers, defining its powers 
and providing for the short form of pleading^ are constitutional 
statutes. 

These statutes are comprehensive enough to warrant action 
against either public officers, former public officers, or private per- 
sons. State ex rel Maharry, 97 O. S. 272 ; State ex rel vs. Shumate, 
72 O. S. 487. 

Section 283. A public officer or employe who refuses 
or neglects to keep the accounts of his office in the form 
prescribed, or make the reports required by the bureau of in- 
spection and supervision, shall be removed from office on 
hearing before the proper authority. 

HISTORY. — R. S. § 181a-6; 95 v. 513; 97 v. 273; § 6. ^ 

Section 284. The bureau of inspection and super- 
vision of public offices, shall examine each public office. 
Such examination of township, village and school district 
offices shall be made at least once in every two years and all 
other examinations shall be made at least once a year, except 
that the offices of justices of the peace shall be examined at 
such times as the bureau shall deterinine. On examination, 
inquiry shall be made into the methods, accuracy and legality 
of the accounts, records, files and reports of the office, 
whether the laws, ordinances and orders pertaining to the 
office have been observed, and whether the requirements of 
the bureau have been complied with. 

history.— R. S. § 181a-8; 95 v. 514; 97 v. 273, § 8; 101 v. 382; 103 v. 
506 (507). 

Section 286. The report of the examination shall set 
forth, in such detail as may be deemed proper by the bureau, 
the result of the examination with respect to each and every 
matter and thing inquired into and shall be made and signed 
by the state examiner in charge of the examination or by a 
deputy inspector, and shall be filed in the office of the bureau 
of inspection and supervision bf public offices and certified 
copies thereof filed as follows : one in the office of the audit- 
ing department of the taxing district reported upon, and one 
in the offiict of the attorney general, prosecuting attorney, 
city solicitor,or mayor of a village, as hereinafter provided. 
If the report relates to the expenditure of public money 
from the state treasury or to the disposition of property 
belonging to the state, the certified copy thereof hereinbefore 
provided for shall be filed with the attorney general; if it 
relates to the expenditure of public money belonging to the 
treasury of a city or city school district or to the disposition 
of public property belonging to such city or city school dis- 
trict, the certified copy thereof shall be filed with the city 
solicitor of such city; if the report relates to the expendi- 
ture of public money belonging to the treasury of a village 
or the disposition of public property belonging to such vil- 
lage, the certified copy thereof shall be filed with the mayor 
of such village; if the report relates to the expenditure of 



TRANSFER OF FUNDS AND INSPECTION OF ACCOUNTS 



265 



public money belonging to tlie treasury of any other sub- 
division of the state or of a special taxing district or to any 
custodian of public funds other than the treasurer of state, 
the treasurer of a city, the treasurer of a city school district 
or the treasurer of a village, or to the disposition of pubUc 
property belonging to such subdivision or special taxing dis- 
trict, or to any custodian of public property not otherwise 
mentioned herein, the certified copy thereof shall be filed with 
the prosecuting attorney of any county in which such politi- 
cal subdivision or special taxing district or part thereof is 
located, or in which such custodian of public money or public 
property resides. Such copy of the report may be so filed 
by expressing or mailing it to the office of the attorney gen- 
eral, city solicitor, mayor or prosecuting attorney, as the case 
may be. 

If the report sets forth that any public money has been 
illegally expended, or that any public money collected has 
not been accounted for, or that any public money due has 
not been collected, or that any public property has been con- 
verted or misappropriated, the officer receiving such certified 
copy of such report, other than the auditing department of 
the taxing district, may, within ninety days after the receipt 
of such certified copy of such report, institute or cause to be 
instituted, and each of said officers is hereby authorized and 
required so to do, civil actions in the proper court in the 
name of the political subdivision or taxing district to which 
such pubhc money is due or such public property belongs, 
for the recovery of the same and shall prosecute, or cause 
to be prosecuted the same, to final determination. Any 
mayor of a village is hereby authorized and required to em- 
ploy legal counsel for such purpose, who shall be paid out 
of the treasury of the village on voucher approved by the 
mayor and on warrant of the village clerk, and the amount 
of such compensation shall constitute a charge against said 
village notwithstanding the failure of the council thereof 
to appropriate money or levy funds therefor. Each prosecut- 
ing attorney, city solicitor, or legal counsel employed by a 
mayor of a village shall forthwith notify the attorney general 
of the filing of such actions and keep him fully advised of the 
progress thereof ; and the attorney general or his assistant 
may appear in any such, action on behalf of the particular 
political subdivision or taxing district and may, either in con- 
junction with or independent of such prosecuting attorney, 
city solicitor or legal counsel employed by a mayor, prose- 
cute the same to final determination ; and the attorney gen- 
eral may, when in his judgment it is proper or there is 
good reason for so doing, if requested so to do by the 
auditor of state, bring the action in all cases where the 
prosecuting attorney, city solicitor or mayor fails or neglects 
to do so within ninety days after a report of an examination 
has been so filed. 

If a report sets forth any malfeasance or gross neglect 
of duty on the part of any officer or employe for which a 
criminal penalty is provided by law, a certified copy thereof 



Collection of 
amounts 
found due by 
bureau; 
officer au- 
thorized to 
institute pro- 
ceedings; 
employment 
of counsel. 



Attorney 
generral shall 
be notified 
of the filing 
and progress 
of actions. 

When attor- 
ney general 
may bring 
action. 



Criminal 
proceedings, 
when in- 
stituted. 



266 



TRANSFER OF FUNDS AND INSPECTION OF ACCOUNTS 



Claims shall 
not be 
abated or 
compromised. 



"Public 
money" de- 
fined ; pay- 
ment to tax- 
ing district. 



Submission 
to attorney 
general be- 
fore entry of 
final order. 



shall be filed with the prosecuting attorney of the county in 
which the offense is committed, and such prosecuting at- 
torney shall, within ninety days after receipt thereof, in- 
stitute criminal proceedings against such officer or em- 
ploye. 

No claim for money or property found in any such 
report to be due to any public treasury or custodian thereof 
in any such report shall be abated or compromised either 
before or after the filing of civil actions, by any board or 
of^cer or by order of any court unless the attorney general 
shall first give his written approval thereof. 

The term "public money" as used herein shall include 
all money received or collected under color of office, whether 
in accordance with or under authority of any law, ordinance 
or order, or otherwise, and all public officials, shall be liable 
therefor. All money received under color of office and not 
otherwise paid out according to law, shall be due to the 
political subdivision or taxing district with which the officer 
is connected and shall be by him paid into the treasury 
thereof to the credit of a trust fund, there to be retained 
until claimed .by the lawful owner ; if not claimed within 
a period of five years after having been so credited to said 
special trust fund, such money shall revert to the general 
fund of the political subdivision where collected. 

No judgment or final order shall be entered in any civil 
action commenced under the authority or direction of this 
section until such entry shall have been submitted to the 
attorney general, and the attorney general is hereby con- 
stituted an attorney of record in each such action. 

HISTORY.— R. S. § 181a-8; 95 v. 514; 97 v. 273, § 8; 101 v. 382; 103 v. 
506 (507); 108 v. Pt. II 1115. 



CHAPTER 17 
SCHOOL HOUSES AND LIBRARIES 



Section 

7620. 

7620-1. 



7621. 
7621-1, 



7622. 
r622-l. 



7622-la. 
7622-2. 
7622-3. 
7622-4. 



7622-5. 
7622-6. 



7622-7. 
3616. 



14769. 

3761. 

4424. 

4448. 

1261-3. 

7623. 

2362. 

2363. 
2364. 
2365. 
2365-1 . 

2365-2. 



2365-4. 



7624. 
7624-1 , 



Powers and duties of boards. 

Board of education authorized to co- 
operate with board of adjacent 
school district in another state in 
purchase and construction of 
school property. 

Display of national flag overr or with- 
in school buildings. 

Duty of county superintendent; re- 
port to prosecuting attorney; pros- 
ecution. 

Regulating use of school houses. 

School and other public buildings 
a^vailable for educational and rec- 
reational purposes. 

Use of school house and grounds for 
public meetings. 

Citizens applying responsible for dam- 
age. 

Use of school houses and grounds 
for certain public meetings. 

Supervision and conduct of social 
and recreational work. 

Use in cities. 

Co-operation with other public of- 
ficials. 

Tax levy for social center fund. 

General powers of municipal corpor- 
ations. 

Certain municipal regulations not to 
extend to public school entertain- 
ments. 

Municipality to furnish water free to 
public school buildings. 

Municipality not to charge for water 
furnished to public school build- 
ings. 

Board of education authorized to 
provide for sprinkling streets abut- 
ting on school property. 

Board of health to abate nuisance on 
school property. 

Board of health authorized to inspect 
and disinfect school buildings. 

Duty of State Inspector of plumbing 
to inspect schools. 

Directions for bidding and for letting 
contracts. 

Separate bids for work and materials 
to be made in erection of school 
buildings. 

When contract shall not be awarded 
for entire work. 

Each contract to be for only one class 
of labor or material; exceptions. 

Limitation on contractor's bond for 
construction of school buildings. 

Requirement as to additional bond of 
contractor to pay sub-contractors 
and material men. 

Approval of bond; conditions of 
bond. 

Creditor of contractor to furnish 
statement of amount due to sure- 
ties. 

Form of bond for benefit of sub-con- 
tractors and material men. 

Penalty for violation of preceding 
sections. 

Appropriation of land for school pur- 
poses. 

Municipality may C9nvey real property 
to board of education. 



Section 
7625. 



7626. 



7627. 



7630-2. 



7631. 
7632. 
7633. 



7634. 



7637. 



7640. 
7640-1. 

7641. 
7642. 
7643. 



7643-1. 
7643-2. 



7643-3. 



7643-5. 



r643-6. 



7643-7. 

7643-8. 

7643-9. 

3707, 

3708. 

3709. , 

3710. 

3711. 

3712. 

4065-1. 



4065-2. 



4065-3. 

4065-1. 
4065-5. 
4065-6. 
4065-7. 



A board may issue bonds to purchase 
or construct school property. No- 
tice of election. 

Issue of bonds when proposition ap- 
proved. 

Requisites of bonds. 

Tax levy to pay bonds thus issued. 

Issue of bonds by board of education 
without vote of electors. 

Limit of issue. 

Issue of bonds to replace school 
houses condemned or destroyed. 

Net indebtedness incurred by school 
district not to exceed 6% of tax 
duplicate valuation. 

Establishment of free public library. 

Taxation for library fund. 

Libraries jointly owned by two or 
more school districts; tax levy. 

Board of trustees, appointment, term. 



control of library, 
number and eligi- 



Management and 

Library trustees, 
bility of. 

Powers of board. 

Powers of library board; repair fund. 

Board of education to levy taxes for 
library purposes; limit of tax. 

Payments from library fund. 

Deposit of funds; selection of de- 
positories. 

Tax levy to maintain public library. 

School library may be provided. 

Board of education may maintain 
museum in connection with 
library'. 

Creation of county library district. 

Trustees of county library district; 
how appointed. 

Tax levy for county library district; 
limit of tax. 

Sub-division of county maintaining 
free public library may become part 
of county library district. 

Trustees of county library district 
may contract with libraries within 
county for use of libraries. 

Trustees authorized to receive gifts 
and bequests of property for 
library purposes. 

County library fund to be placed in 
county treasury. 

State board of library examiners. 

Definition of terms. 

Exchange of lots for school purposes. 

Petition, what shall contain. 

Notice of petition to be published. 

Hearing and order. 

Transfer of property to library trus- 
tees. 

Trustees may accept such or other 
suitable property. 

Cities, villages and counties may 
maintain and operate, playgrounds, 
gymnasiums, public baths, recrea- 
tion centers. 

Supervision and maintenance vested 
in whom; employment of leaders, 
etc. 

Recreation board, powers and duties; 
vacancy. 

Organization of board. 

Joint requisition and maintenance. 

"Bond issue authorized. 

How expenses paid. 



(267) 



268 SCHOOL HOUSES AND LIBRARIES 

Poxyers and SECTION 7620. The board of cducation of a district 

boarS °^ ^^^^y t>uild, enlarge, repair and furnish the necessary school 

houses, purchase or lease sites therefor, or rights of way 
thereto, or purchase or lease real estate to be used as play- 
grounds for children or rent suitable schoolrooms, either 
within or without the district, and provide the necessary 
apparatus and make all other necessary provisions for the 
schools under its control. It also, shall provide fuel for 
schools, build and keep in good repair fences enclosing such 
school houses, when deemed desirable plant shade and or- 
namental trees on the school grounds, and make all other 
provisions necessary for the convenience and prosperity of 
the schools within the subdistricts. 

HISTORY.— R. S. § 3987; 70 v. 195, § 55; 82 v. 86; 83 v. 84; 89 v. 95; 
102 V. 419; 108 v. Pt. I 187. 

Boards of education are vested with the title to the property 
of their respective districts in trust for the use of public school, 
and the appropriation of such property to private use is un- 
authorized. ^ 

A lease of a public school house for the purpose of having a 
private or select school taught therein for a term of weeks, is in 
violation of the trust; and such use of the school house may be 
restrained at the suit of a resident tax-payer of the district. Weir 
vs. Day, 35 O. S. '143. 

Boards of education are possessed only of such limited powers 
as are expressly provided by statute, and persons who deal with 
such boards are held and presumed to know the limits within which 
they can lawfully transact business, and can secure no rights which 
are enforceable by a contract unless the contract is clearly 
authorized by law. State ex rel Freed, 10 O. S. 294. 

While a township board of education has exclusive control 
within its jurisdiction in the selecting of a school house district 
and of the size and character of the building to be erected thereon, 
yet, where such board, without any valid reason or necessity 
therefor, is about to expend the public funds in taking down a^ 
suitable and satisfactory school building on a central and improved 
lot, and re-erect it at another place in the district, a court of 
equity may properly enjoin the same as an abuse of discretion and 
authority. Watkins vs. Hall, 13 O. C. C., 255. 

Section 7620, General Code, vests in boards of education the 
power to select school sites, and in the absence of abuse of dis- 
cretion, fraud or collusion, the exercise of such power will not be 
interfered with by a reviewing court. 

The insertion in a resolution of a board of education of a 
rural school district that a certain village was the most suitable 
locality for a school site, and the representations made by such 
board at the time a bond issue was submitted to the electors, can- 
not limit the power of such board to lawfully exercise its discre- 
tion and change the location of the site to meet the then needs of 
the school district. State ex rel vs. Board of Education, 11 
App. 146. 

Under this section Telurian globes were held to be apparatus 
and not furniture. Board of Education vs. Andrews, 51 O. S., 199; 
see State ex rel vs. Freed supra. 

School and reading charts were held not to be apparatus; and 
the amount which might be expended thereon was not limited by 
special statute limiting the amount that might be expended for ap- 
paratus. State ex rel vs. Township Treasurer, 2 O. C. €., 363. 

The same was upheld with respect to cabinets, which con- 
tained charts or maps which were to be attached to the wall. Bank 
vs. Board of Education, 15 0. C. C, 561. 



SCHOOL HOUSES AND LIBRARIES 269 

Section 7620 G. C. makes it the mandatory duty of the board 
of education of the school district to build and keep in good repair 
fences inclosing school houses. Op. Atty. Gen, (1911), p. 1212. 

Held on consideration of the provisions of this section and 
those of Section 4749 G. C., that a board of education may legally 
construct a foot bridge upon a strip of land in which a right of 
way for a walk had been deeded to it; and a condition in the deed 
for such right of way providing for its use by the board of educa- 
tion in common with the grantor will not invalidate its action. Op. 
Atty. Gen. (1912), p. 1842. 

Where a township rural district school house is located upon a 
private road, other lawful means for securing the necessary and 
convenient approach to the school house being absent, it is proper 
for the board of education to provide for the construction of a 
bridge on this road. Op. Atty. Gen. (1914), p. 247. 

This section does not authorize a board of education of a 
rural or village school district to pay from school funds the ex- 
penses of representatives sent by it to inspect schools or school 
buildings in other school districts to the end that the members oi 
the board of education may have more definite knowledge in caring 
for the betterment of the schools of the district. Op. Atty. Gen. 
(1915), p. 456. 

Held that this section confers upon a board of education ample 
authority to lease sites for school houses. Op. Atty. Gen. (1915), 
p. 1289. 

Boards of education are authorized under the provisions of 
Section 7620 G. C., where the same is necessary for the convenience 
of pupils who drive to school, to erect a stable for the shelter and 
protection of the horses, vehicles and conveyances of such pupils. 
Op. Atty. Gen. (1916), p. 1483. 

A board of education has no authority to erect a school 
building outside of a school district. Op. Atty. Gen. (1917), p. 753. 

Rights of way can be acquired by a board of education only 
from public highways to school house grounds, and not from school 
house grounds across private property to the residences of various 
pupils. Op. Atty. Gen. (1918), p. 670. 

Before a board of education can enter into a contract to rent 
a certain building for school purposes at a consideration of $10,500 
for the entire term of five years, the certificate of the clerk must 
be filed showing that the money required for the payment of such 
appropriation is in the treasury of the clerk of the fund from 
which it is to be drawn and not appropriated for any other pur- 
pose. Op. Atty. Gen. (1918), p. 1440. 

A board of education can rent or let suitable school rooms, 
but can not enter into a contract to purchase or construct a school 
building at some future time unless the money for the same is in 
the treasury of the clerk of the proper fund and so certified by the 
clerk of the board. 

A board of education can purchase a building to be used for 
school purposes, but money required for the same must be in the 
treasury or in process of collection. Op. Attj^ Gen. (1919), p. 428. 

Where a board of education under the authority of Section 
7620 G. C. rents or leases a room for temporary school purposes, 
such rooms do not constitute a school building within the meaning 
of Section 7630-1 G. C. Op. Atty. Gen. (1919), p. 871 . 

A board of education has no authority to use school funds to 
erect a residence for superintendent and teachers, nor has the board 
of education a right to remodel one of its old buildings into a resi- 
dence for superintendent and teachers. Op. Atty. Gen. (1919), 
p. 1326. 

Under the broad grant of powers found in the law in G. €., 
Sec. 7690, as to control and management, and in G. C. Sec. 7620, 
as to building, repair and purchases a central school building may 
be erected to house the elementary and high schools of a rural 
school district. Op. Atty. Gen. (1920), p. 885. 

It is not required by the law that architects shall be employed 
or secured by a board of education through competitive bidding; 



270 



SCHOOL HOUSES AND LIBRARIES 



School district 
adjacent to 
one of an- 
other state, 
may agree to 
construct and 
maintain a 
school jointly. 



but when the services of an architect are required the board of 
education has power to employ one. Op. Atty. Gen. (1920), p. 886. 

The lighting of a school building is a part of its necessary 
furnishing or equipment, and the board of education of a rural 
school district may contract for current for light, paying a con- 
nection fee for the line furnishing such current, if in the judgment 
of the board of education such method is most advantageous for its 
schools. Op. Atty. Gen. No. 2191, June 25, 1921. 

Boards of education are impliedly authorized under the pro- 
visions of sections 7620 and 4750 G. C. to expend and provide for 
the payment of automobile mileage to officers and employes using 
their private automobiles in the performance of official duties, when 
such transportation services are required by said board, and deemed 
necessary for the best interests of the schools under their juris- 
diction. 

The question of whether or not ten cents per mile is a fair 
and reasonable remuneration to be paid for the use of such private- 
ly owned automobiles, is one of fact, depending upon local condi- 
tions, and within the discretionary powers of the board of educa- 
tion to determine. Op. Atty. Gen. No. 2753, Dec. 31, 1921. 

Under the provisions of section 7620 G. C. boards of education 
may lawfully purchase books and other periodicals for thdr official 
use and that of the pupils, when deemed advantageous and for the 
best interests of the schools under their management and control. 
Op. Atty. Gen. No. 3016, April 21, 1922. 

Since section 7620 G. C. has been amended as set forth in 108 
O. L., Part 1, page 187, a board of education may purchase property 
and erect a school building and control a school outside of the 
territorial limits of the district, under its control. Op. Atty. Gen. 
No. 3213, June 12, 1922. 

See opinions of Attorney General No. 2352 (1921), cited under 
Sec. 7690. 

Section 7620-1. That, whenever, in the judgment of 
a board of education of any school district in this state, lying 
adjacent to a school district of another state, the best in- 
terests of the public schools can be promoted by purchasing 
school grounds, repairing or erecting a school house or 
school houses, and maintaining jointly between the two ad- 
jacent school districts, the board of education of the school 
district of this state so situated is hereby empowered to 
enter into an agreement with the school authorities of said 
adjacent school district for the purpose of purchasing school 
grounds, repairing or constructing a school building or 
buildings, purchasing school furniture, equipment, appli- 
ances, fuel, employing teachers and maintaining a school 
when, in the judgment of said board of education of this 
state the best interests of the public school can be promoted 
by so doing; and such board of education of this state is 
hereby empowered to levy taxes and perform such other 
duties in maintaining such joint school as are otherwise 
provided by law for maintaining the public schools in this 
state. 

In carrying out the provisions of this act the school dis- 
trict shall pay such proportion of the cost of purchasing 
school grounds, repairing or erecting a new building or 
buildings, and in maintaining the joint school as shall seem 
to be equitable and just in the judgment of the board of 
education and trustee or trustees of the two adjacent school 
districts. 

HISTORY.— 100 V. 313. 



SCHOOL HOUSES AND LIBRARIES 



271 



Section 7621. All boards of education, all proprietors Display of 
or principals of private schools and all authorities in control "J^'j^^^fj? ^f^|. 
of parochial schools or other educational institutions shall in, school 
display the United States national flag, not less than five ^"^'^'"s^- 
feet in length, over or within all school houses under their 
control, during each day such schools are in session. In all 
public schools the boards of education shall make all rules 
and necessary regulations for the care and keeping of such 
flags, the expense thereof to be paid out of their contingent 
fund. 



HISTORY.-R. S. § 398^1; 92 v. 



§ 1; 108 V. Pt. I 133. 



Duty of 
county super- 



report to 
tfTosecuting 
dttorney; 
prosecution. 



Section 7621-1. It shall be the special duty of the 
county superintendent of schools to see that the provisions intSent" 
of section 7621 of the General Code are enforced, and he 
shall promptly report all violations thereof to the prosecut- 
ing attorney of the county, whose duty it shall be to institute 
prosecutions against all persons violating the provisions of 
section 7621 of the General Code in his respective county. 

HISTORY.— 108 V. Pt. I 133 (134). 

Held that the provisions of Section 7621-1 G. C, 108 O. L., 
134, confer special duties upon county superintendents of schools 
and prosecuting attorneys to enforce the provisions of Section 
7621 G. C., as amended 108 O. L., 133, and is not violative of the 
constitution of Ohio or within any of its inhibitions. Op. Atty. 
Gen. (1919), p. 119. 

Section y622. When, in the judgment of a board of Regulating 
education, it will be for the advantasre of the children resid- "se of 

',,,.. 1 1 1 1 • • . 11 school-houses. 

ing in any school district to hold literary societies, school 
exhibitions, singing schools, religious exercises, select or 
normal schools, the board of education shall authorize the 
opening of the school-houses for such purposes. The board 
of education of a school district in its discretion may author- 
ize the opening of such school-houses for any other lawful 
purposes. But nothing herein shall authorize a board of 
education to rent or lease a school-house when such rental 
or lease in any wise interferes with the public schools in 
such district, or for any purpose other than is authorized by 
this chapter. 

HISTORY.— R. S. § 3987-1; 91 v. 44; 89 v. 147; 87 v. 240; 86 v. 11. 
As to powers of boards of education, see G. C. § 4749. 

The board of education has no authority in law to rent a 
school building, or part thereof, to a secret society for the purpose 
of holding lodge sessions and such social functions and entertain- 
ments of such society as are not open to all persons in the com- 
munity on equal terms or which will not, in the judgment of the 
board of education, benefit the people of the community. Op. 
Atty. Gen. (1915), p. 369. 

The chief inspector of work shops and factories and public 
buildings is without authority to issue an order to a board of edu- 
cation to discontinue the practice of charging admission to motion 
picture entertainments. Op. Atty. Gen. (1919), p. 1401. 

See opinions of Attorney General, No. 2918 (1922), cited under 
Sec. 7704. 



2^2 



SCHOOL HOUSES AND LIBRARIES 



School and 
other public 
buildings 
available for 
educational 
and recrea- 
tional pur- 
poses. 



Use of school 
house and 
grounds for 
public meet- 
ings. 



Section 7622-1. That upon application of any respons- 
ible organization, or of a group of at least seven citizens, 
all school grounds and school houses, as well as all other 
buildings under the supervision and control of the state, or 
buildings maintained by taxation under the laws of Ohio, 
shall be available for use as social centers for the entertain- 
ment and education of the people, including the adult and 
youthful population, and for the discussion of all topics tend- 
ing to the development of personal character and of civic 
welfare. Such occupation, however, should not seriously 
infringe upon the original and necessary uses of such prop- 
erties. The public officials in charge of such 'buildings shall 
prescribe such rules and regulations for their occupancy and 
use as herein provided as will secure a fair, reasonable and 
impartial use of the same. 

HISTORY.— 106 V. 552. For an analogous section, see G. C. § 2457-1 
(103 V. 830, § 1). 

The chief inspector of work shops and factories and public 
buildings is without authority to issue an order to a board of edu- 
cation to discontinue the practice of charging admission to 
motion picture entertainments. Op. Atty. Gen. (1919), p. 1401. 

Section 7622-ia. Upon the apphcation of a commit- 
tee representing any candidate for public office or any 
regularly organized or recognized political party, the board 
of education having control of any school grounds men- 
tioned in section 7622-1 of the General Code, shall permit 
the same to be used as a place wherein to hold meetings of 
electors for the discussion of public questions and issues, 
provided that no such meeting shall be held during regular 
school hours. No charge shall be made for such use, but 
the candidate or committee so holding a meeting shall be 
responsible for any damage done or expense incurred by 
reason thereof. 

HISTORY.— 107 V. 449. 



Citizens ap- 
plying re- 
sponsible for 
damage. 



Section 'J622-2. The organization or group of 
citizens applying for the use of properties as speciiied in 
section 7622-1 of the General Cod© shall be responsible for 
any damage- done them over and above the ordinary wear, 
and shall, if required, pay the actual expense incurred for 
janitor service, light and heat. 



history. - 

(103 V. 830, § 2). 



106 V. 552. For an analogous section, see G. C. 



2457-2 



Use of Section 7622-3. The board of education of any school 

and°°grounds* district shall, upon request and the payment of the proper 
for certain jauitor fccs, subject to such regulation as may be adopted 
mgs!^ ™^^*~ by such board, permit the use of any schoolhouse and rooms 

therein and the grounds and other property under its control, 

when not in actual use for school purposes, for any of the 

following purposes : 

I. For giving instructions in any branch of education, 

learning or the arts. 



SCHOOL HOUSES AND LIBRARIES 



^1, 



2. For holding educational, civic, social or recreational 
meetings and entertainments, and for such other purposes as 
may make for the welfare of the community. Such meetings 
and entertainments shall be non-exclusive and open to the 
general public. 

3. For public library purposes, as a station for a public 
library, or as reading rooms. 

4. For polling places, for holding elections and for f.he 
registration of voters, for holding grange or similar meet- 
ings. 

HISTORY.— 106 V. 652; 107 v. 607. For a prior section analogous to 
the section bearing this number in Supp. to P. & A. Code, see G. C. 
§ 2457-3 (103 V. 830, § S). 

The board of education may permit the use of a school house 
and rooms therein, and the grounds and other property under its 
control for holding grange meetings. The board may regulate 
such use, but the same shall in no manner interfere with the use 
of such property for school purposes. Op. Atty. Gen. (1917), 
p. 442. 

The board of education has a right upon request and upon 
the payment of the proper janitor fees to permit the use of any 
school house and the rooms therein and the grounds and other 
property under its control for the use of holding grange meetings, 
when the same is not in actual use for school purposes. The fact 
that the grange holds secret sessions will not prevent the pro- 
visions of Section 7622-3 applying as authority for the holding of 
such meetings. _ Op. Atty. Gen. (1917), p. 2438. 

See opinions of Attorney General No. 2191 (1921), cited 
under Sec. 7620. 

Section 7622-4. Upon the nomination of the superin- supervision 
tendent of any school district the board of education of and conduct 

^ -,• , • , 1 , .of social and 

such district may employ a person or persons to supervise, recreational 
organize, direct and conduct social and recreational v^ork in '^°*'^- 
such school district. The board of education may employ 
competent persons to deliver lectures, or give instruction on 
any. educational subject, and provide for the further educa- 
tion of adult persons in the community. 

HISTORY.— 106 V. 552. For an analogous section, see G. C. § 2157-3 
(103 V. 830, § 3). 

Sections 7622-4 and 7622-7, supplemental sections appearing in 
House Bill 549 (106 O. L., 552) have no reference to the county 
board of education, but the sections refer to those local boards of 
education which have control of the use of school buildings. This 
being true as to general expenditures, it is at once apparent that 
the county board of education could not purchase, operate and 
maintain a moving picture machine under authority of sections 
7622-4 and 7622-7 of the General Code. Op. Atty. Gen. No. 3115, 
May 18, 1922. 



Section 7622-5. In cities employing a person to direct 
and supervise social and recreational work such person may 
use the school buildings, grounds, and other public buildings 
or grounds in such city for the purposes indicated in section 
7622-3 of the General Code subject to the limitations pro- 
vided in sections 7622-1 to 7622-3 of the General Code. 

history.— 106 V. 552 (553). For an analogous section, see G. C. 
§ 2457-3 (103 V. S30, § 3). 

See opinions of Attorney General, No. 2918 (1922), cited under 
Sec. 7704. 

18 s. L. 



Use in cities. 



274 



SCHOOL HOUSES AND LIBRARIES 



Co-foperation 
with other 
public 
officials. 



Tax levy for 
social center 
fund. 



Section 7622-6. Boards of education may co-operate 
with commissioners, boards or other public officials having 
the custody and management of public parks, libraries, 
museums and public buildings and grounds of whatever 
kind in providing for education, social, civic and recreational 
activities, in buildings and upon grounds in the custody and 
under the management of such commissioners, boards or 
other public officials. 

HISTORY.— 106 V. 552 (553). 

Section 7622-7. The board of education of any school 
district or a municipality may levy annually upon the tax- 
able property of such school district or municipality within 
the limitations of sections 5649-2 of the General Code, not 
to exceed two-tenths of a mill for a social center fund to be 
used for social and recreational purposes. 



HISTORY.— 106 
§ 2457-3 (103 V. 830, { 



V. 552 
3). 



(553). For an analogous section, see G. C, 



A board of education has no authority to use school funds to 
erect a residence for superintendent and teachers, nor has the 
board of education a right to remodel one of its old buildings into 
a residence for superintendent and teachers. Op. Atty. Gen. (1919) , 
p. 1326. 



Powers by 
ordinance or 
resolution. 



Section 3616. All municipal corporations shall have 
the general powers mentioned in this chapter, and council 
may provide by ordinance or resolution for the exercise and 
enforcement of them. 



HISTORY.— 99 V. 5, 

Bates, §§ 1536-100, 1536-101. 



7; 97 V. 504, § 7; 96 v. 21, § 7; & 
For an analogous section, see R. S. 



V. 26, § 8; 
§ 1692. 



Regulation 
by license, 
shows, 

games, traf- 
ficking in 
tickets, etc. 



Exceptions. 



Section 3657. To regulate, by license or otherwise, 
restrain or prohibit theatrical exhibitions, public shows and 
athletic games of whatever name or nature, for which money 
or other reward is demanded or received; to regulate, by 
license or otherwise, the business of trafficking in theatrical 
tickets, or other tickets of licensed amusements, by parties 
not acting as agents of those issuing them, but public school 
entertainments, lecture courses and lectures on historic, 
literary or scientific subjects, shall not come within the pro- 
visions of this section. 



HISTORY.— 99 V. 5, § 7g; 97 v. 505, § 7-7; 
§ 1536-100; 102 v. 88. For an analogous section, see 



§ 7-7; Bates, 



Water supply 
free for cer- 
tain pur- 
poses. 



Section 3963. No charge shall be made by a city or 
village, or by the waterworks department thereof, for sup- 
plying water fgi extinguishing fire, cleaning fire apparatus, 
or for furnishing or supplying connections with fire hy- 
drants, and keeping them in repair for fire department pur- 
poses, the cleaning of market houses, the use of any public 
building belonging- to the corporation, or any hospital, 
asylum, or other charitable institutions, devoted to the relief 
of the poor, aged, infirm, or destitute persons, or orphan or 
delinquent children, or for the use of the public school build- 
ings in such city or village. 



SCHOOL HOUSES AND LIBRARIES 2^5 

But in any case where the school district, or districts, school dis- 
include territory not within the boundaries of the city or ^".^t,"^^ .,.. 

• 11 • . 1 <• , • 1 11 1 wholly within 

Village, a proportionate charge for water service shall be municipality. 

made in the ratio which such tax valuation of the property 

outside the city or village bears to the tax valuation of all 

the property within such school district, subject to the rules 

and regulations of the waterworks department of the 

municipality governing, controlling, and regulating the use 

of water consumed. 

HISTORY.— S. & C. 1529; R. S. § 2417; Bates, § 1536-528; 70 v. 11, 
§ 344; 76 V. 84, § 1; 102 V. &1; 108 v. Pt. II 1160. For an analogous section, 
see R. S. § 2417a. 

The tax valuation of all property within a certain school dis- 
trict which includes territory not within the boundary of the city 
is $12,000,000, and the tax valuation of the property outside of the 
city is $2,000,000. Held, that under Section 3963 G. C, which pro- 
vides that in such cases a proportionate charge for water service 
shall be made in the ratio which the tax valuation of the property 
outside the city bears to the tax valuation of all the property 
within the school district, the school district should pay one-sixth 
of the dulv established water rates for the entire school district. 
Op. Atty. Gen. (1920), p. 290. 

Under the provisions of Section 3963 G. C, as now in force, 
a city or village is not required or authorized to furnish free 
water service to the school district in which said city or village is 
situated, when said city school district includes territory outside of 
the boundaries of the city or village. 

Section 3963 G. C. was amended in H. B. 561 and in the ' 
absence of a referendum against the measure, it will become 
operative May 12, 1920. The amended section only requires a city 
board of education of a district which includes territory outside of 
the boundaries of the city to pay its proportionate share for water 
service furnished said district in the ratio which the tax valua- 
tion of the property outside of the city or village bears to the tax 
valuation of all the property within the district. Op. Atty. Gen. 
(1920), p. 325. 

For a board of education, in order to be furnished city water, 
to enter into an agreement, to extend the water mains in the city 
street . on a naked promise of the city commission to repay the 
initial cost of such extension, at a time when, under city control 
and management, a six per cent profit from water takers thereon 
is made by the city, is an arrangement of such indefinite and 
doubtful character for the board, that it should be avoided. The 
right of a consumer to enforce a demand for water service is, in 
general, conceded, but to enforce a demand for the extension of a 
water main depends upon all the facts and circumstances of the 
case. Op. Atty. Gen. (1920), p. 1234. 

See opinions of Attorney General No. 1840 (1921), cited 
under Sec. 7635. 

Section 14769. No charge shall be made by the ^^ ^^^^^^ 
trustees or board for supplying water for extinguishing fires for^ water to 
or cleaning fire apparatus, or for furnishing and supplying £S"fn^^ 
connections and fire hydrants, and keeping the same in re- municipalities, 
pair, for fire department purposes, or the cleaning of market- 
houses, or for the use of public school buildings, or for the 
use of any public buildings belonging to the corporation, or 
for any hospital, asylum, or other charitable institution de- 
voted to the relief of the poor, the aged, infirm, or destitute 
persons, or orphan children, and in cities of the first grade 
of the first class the board of city commissioners may, when 
it deems expedient, supply water without charge to any zoo- 



276 



SCHOOL HOUSES AND LIBRARIES 



Term 

"owner' 

fined. 



de- 



logical garden in or near such cities, so long as the company 
or association owning such garden pays no dividend to its 
stockholders; but any member of such board may at any 
time enter such garden and examine into any waste or un- 
necessary use of the water, and the board may, at any time, 
revoke the grant of such free use of water. 

HISTGRY.-rO V. 11, § SU; 76 v. 84, § 1; (S. & C 1529); R. S. of 1880. 

Section 3761. The term "owner", within the mean- 
ing of these provisions for such treatment with oil, or 
sprinkling with water, shall be held to include the legal or 
equitable owner, the person in whose name the property may 
be assessed for taxation on the tax duplicate, or a tenant 
giving satisfactory guaranty that the assessment against the 
propert}^ signed for will be paid, or the board of education 
having the control of any school property, and any such 
board of education is authorized to provide for sprinkling 
with water or treatment with oil any street abutting on such 
property by private contract, and pay for the same as other 
contingent expenses. 



HISTORY.— &8 



R. S. Bates, § lo36-l75j ; 1G2 v. 304. 



Nuisance or 
unsanitary 
conditions on 
schaol prop- 
erty may be 
corrected. 



Section 4424. The board of health shall abate all nui- 
sances and may remove or correct all conditions detrimental 
to health or well-being found upon school property by serv- 
ing an order upon the board of education, school board or 
other persons responsible for such property, for the abate- 
ment of such nuisance or condition within a reasonable but 
fixed time. A person failing to comply with such order, un- 
less good and sufficient reason therefor is shown, shall be 
fined not to exceed one hundred dollars. The board may ap- 
point such number of inspectors of schools and school build- 
ings as it deems necessary to properly carry out these pro- 
visions. 



HISTORY.- 
95 V. 433. 



-R. S. § 2137; Bates, § 1536-754; 



i, § 322; 99 v. 92; 



Board shall 
inspect 
schools and 
may close 
them and 
prohibit pub- 
lic gather- 
ings. 



Section 4448. Semi-annually, and oftener if in its 
judgment necessary, the board of health shall inspect the 
sanitary condition of all schools and school buildings within 
its jurisdiction, and may disinfect any school building. 
During an epidemic or threatened epidemic, or when a 
dangerous communicable disease is unusually prevalent, the 
board may close any school and prohibit public gatherings 
for such time as it deems necessary. 

history.— R. S. § 2137; Bates, § 1536-754; m v. 203, § 322; 90 v. 92; 
95 V. 433. 



Duties of 
spector. 



Section 126 1-3. It shall be the duty of said inspector 
of plumbing, as often as instructed by the state board of 
health, to inspect any and all pubHc or private institutions, 
sanitariums, hospitals, schools, prisons, factories, work- 
shops, or places where men, women or children are or might 
be employed, and to condemn any and all unsanitary or de- 
fective plumbing that may be found in connection therewith, 



SCHOOL HOUSES AND LIBRARIES 



277 



and to order such changes in the method of construction of 
the drainage and ventilation, as well as the arrangement of 
the plumbing appliances, as may be necessary to insure the 
safety of the public health. 

Such inspector shall not exercise any authority in 
municipalities or other political subdivisions wherein ordi- 
nances or resolutions have been adopted and are being en- 
forced by the proper authorities regulating plumbing or 
prescribing the character thereof. 

HISTORY.— 101 V. 395, § 3; 107 v. 608 (609). 

Section 7623. When a board of education determines Directions 
to build, repair, enlarge or furnish a school house or school- and for let- 
houses, or make any improvement or repair provided for in Jing con- 
this chapter, the cost of which will exceed in city districts, 
fifteen hundred dollars, and in other districts five hundred 
dollars, except in cases of urgent necessity, or for the se- 
curity and protection of school property, it must proceed as 
follows : 

1. For the period of four weeks, the board shall ad- 
vertise for bids in some newspaper of general circulation 
in the district, and two such papers, if there are so many. 
If no newspaper has a general circulation therein, then, by 
posting such advertisement in three public places therein. 
Such advertisement shall be entered in full by the clerk, on 
the record of the proceedings of the board. 

2. The bids, duly sealed up, must be filed with the 
clerk by twelve o'clock, noon, of the last day stated in the 
advertisement. 

3. The bids shall be opened at the next meeting of the 
board, be publicly read by the clerk, and entered in full on 
the records of the board. 

4. Each bid must contain the name of every person 
interested therein, and shall be accompanied by a sufficient 
guarantee of some disinterested person, that if the bid be 
accepted, a contract will be entered into, and the perform- 
ance of it properly secured. 

5. When both labor and materials are embraced in the 
work bid for, each must be separately stated in the bid, with 
the price thereof. 

6. None but the lowest responsible bid shall be ac- 
cepted. The board in its discretion may reject all the bids, 
or accept any bid for both labor and material for such im- 
provement or repair, which is the lowest in the aggregate. 

7. Any part of a bid which is lower than the same 
part of any other bid, shall be accepted, whether the resi- 
due of the bid is higher or not; and if it is higher, such 
residue must be rejected. 

8. The contract must be between the board of educa- 
tion and the bidders. The board shall pay the contract price 
for the work, when it is completed, in cash, and may pay 
monthly estimates as the work progresses. 



2/8 SCHOOL HOUSES AND LIBRARIES 

9. When two or more bids are equal, in the whole, or 
in any part thereof, and are lower than any others, either 
may be accepted, but in no case shall the work be divided 
between such bidders. 

10. When there is reason to believe that there is col- 
lusion or combination among the bidders, or any number of 
them, the bids of those concerned therein shall be rejected. 

HISTORY.— R. S. § S988; 70 v. 195, § 55; 97 v. 356. 

This section is mandatory in its requirements, rather than 
directory. The urgent necessity referred to in this section, which 
excuses compliance with the statutory requirement with respect to 
advertisement for bids, is determined by the circumstances of the 
particular case in which it arises. The necessity for the comple- 
tion of a high school building, which was already in use by some 
of the pupils who found ingress without passing through the main 
corridor while the work in question remained to be done, did 
not present a case of urgent necessity as to release the board 
of education from the necessity of advertising for bids for 
the customary period in the manner provided by this section. 
Mueller vs. Board of Education, 11 O. N. P. (N. S.), 113. 

A contract between the boards of education and the lowest 
bidder for an excavation for a school house based upon a bid 
which the contractor was allowed to amend and increase, on ac- 
count of an alleged mistake which did not appear on the face of 
the original bid, is void, although the bid as amended was still 
the lowest bid received. 

Such contract being void, there can be no recovery thereon, or 
for the value of the work or labor performed thereon. Mc- 
Greevy vs. Board of Education, 20 0. C. C, 114. 

Where bids for public work received in response to advertise- 
ment are ignored, and a contract is awarded upon a bid based upon 
conditions not contained in the original specifications, and received 
subsequent to the time designated in the advertisement, the award 
is wholly unauthorized and illegal, and upon application of a court 
of competent jurisdiction, may be enjoined. State ex rel vs. Board 
of Education, 6 0. C. C. (N. S.), 345. 

A contract for the building of a school house, awarded to a 
contractor who has been permitted to change his bid by omitting 
various items, thus reducing the aggregate cost to the amount 
realized from the sale of bonds, is a contract made without notice 
or competition and is illegal and void under Section 7620 General 
Code. McAlexander vs. Haviland School District. 7 0. N. P. 
(N. S.), 590. 

Where one seeks to compel by mandamus a board of educa- 
tion to award him the contract for erecting a school building, he 
must show dear legal right in himself. It is not enough that he 
show defects in the title of another to whom the contract has 
been awarded. State ex rel. vs. Board of Education, 42 O. S., 374. 

Where, under the provisions of this section, a board of educa- 
tion has in good faith exercised its judgment respecting the re- 
sponsibility of bidders, mandamus will not lie to review its de- 
cision. State ex rel, vs. Board of Education, 6 O. N. P., 347. 

Held, that this section did not require a board of education 
to advertise for bids for fuel. Gosline vs. Board of Education, 
11 0. C. C. (N. S.), 195. 

Bids for installation of apparatus controlled by patents are 
not competitive and the statute requiring the acceptance of the 
lowest responsible bid does not apply; moreover, by reason of the 
provisions of Section 2862, General Code, such bids are not re- 
quired to comply with paragraph 5 of Section 7623, General Code. 
State vs. Board of Education; 14 O. C.^ C, 15. 

A board of education may be enjoined from accepting a bid 
when such bid is based on a mathematical error or mistake in 
measurements which would involve the bidder in serious financial 



SCHOOL HOUSES AND LIBRARIES 279 

loss, were the board to insist upon the execution of a contract 
based on such bid. Concrete Construction Company vs. Board of 
Education, 11 O. N. P. (N. S.), 86. 

Where a statute governing the award of a public contract 
provides that the contract shall be let to the lowest responsible 
bidder, and the lowest bidder has submitted two samples with a 
different price upon each sample, both of which are lower than the 
prices submitted by any other bidder, the public officers may award 
the contract to the lowest bidder, but not for the goods made ac- 
cording to the more expensive sample. Locher vs. Haserot et. al. 
23 O. C. C. (N. S.), 552. 

The sixth clause of this section, which provides that a board 
of education may in its discretion, reject all bids, does not 
authorize the acceptance of any but the lowest responsible bid. 

Section 7623 G. C, requiring that bids for the erection of a 
school building be "accompanied by a sufficient guarantee of some 
disinterested person" vests the board of education with a certain 
discretion, but does not empower it to demand more than the 
statute intends. 

When the board, therefore, has provided that bids be accom- 
panied by a certified check for ten per cent of the bids and the 
lowest bidder accompanies his bid by a surety company bond equal 
to its amount, for its payment, the board cannot reject the bid un- 
less bona fide it does not consider the guarantee sufficient. Op. 
Atty. Gen. (1911), p. 1195. ^ 

Cases of urgent necessity are excepted from the provisions of 
Section 7623 G. C, providing for certain procedure when the cost 
of repairing or improving a school house in other than city districts 
exceeds five hundred dollars. 

Inasmuch, therefore, as the board of education is required to 
provide for at least thirty-two school weeks in a year, and the use 
of school buildings may be prohibited until compliance has been 
made with the orders of the chief inspector of work shops and 
factories, the board of education of a village school district upon 
such order from the chief inspector of work shops and factories 
made after the school year has begun, may dispense with the 
procedure provided for in Section 762.3 G. C, and may execute 
necessary repairs without advertising for bids. Op. Atty. Gen. 
(1911), p. 1318. 

It is the object of this statute to maintain a fair competition 
in the letting of contracts, and when a board of education has re- 
ceived bids for the construction of a school building such board of 
education may not make alterations in the plans and specifications 
for the building and permit bids received by it to be accommodated, 
by deductions or increases, to the changes made in such plans and 
specifications. Op. Atty. Gen. (1912), p. 1249. 

In case the state building inspector orders repairs on a school 
building to be made by a certain date, the impossibility of complet- 
ing them by such date without dispensing with competitive bidding, 
etc., does not create a case of "urgent need," or for the "security 
of protection of school property" within the meaning of Section 
7623 G. C, permitting such bidding and other formalities to be 
dispensed with in such cases. 

The interests of the schools themselves, that is, the use of 
the building by the pupils with safety and convenience must be con- 
sulted in order to determine whether a case for dispensing with the 
statutory requirements exists so that if it is anticipated that al- 
though the work cannot be completed before the building must be 
used for school purposes, the part remaining undone can be prose- 
cuted without impairing the safety and usefulness of the schools, 
the statutory requirements may not be dispensed with ; otherwise 
they may be disregarded. Op. Atty. Gen. (1914), p. 1077. 

If the facts in the particular case do not justify a finding of 
"urgent necessity" by a board of education of a school district 
within the meaning of Section 7623 G. C, a failure on the part of 
said board to comply with the requirements of said section renders 



28o 



SCHOOL HOUSES AND LIBRARIES 

the contract for the construction or repair of a school building void. 
Op. Atty. Gen. (1915), p. 835. 

A board of education may advertise for bids for heating and 
ventilating a school building under such general specifications as to 
permit bids being offered for the installation of any system of 
heating and ventilating, which system may be determined by the 
board after the bids are opened. "Op. Atty. Gen. (1916), p. 148. 

A board of education is without power to change the plans 
and specifications for a school house after bids have beeen received 
by striking out the lathing, plastering, blackboards, painting, finish- 
ing work, roofing, sheet metal work and electrical wiring, and is 
without power to accept the bid on only the remainder of such 
plans and specifications. 

A contract cannot be awarded where the total amount of the 
lowest bid is in excess of the amount of money in the treasury 
appropriated for that purpose. 

None but the lowest bid shall be accepted, but the board of 
education may reject all bids. Op. Atty. Gen. (1917), p. 692. 

A board of education can only dispense with advertisement for 
bids for the building of a new school building in case there exists 
an "urgent necessity" therefor. "Urgent necessity" means more 
than convenience and more than ordinary necessit3^ It is something 
which requires immediate action: something that cannot wait. 
When pleaded as an excuse for a failure to comply, with any 
statutory requirement, it must be decided by the circumstances of 
the particular case in which it arises. The mere fact of itself that 
a school building is unfit for use of the schools does not create a 
case of urgent necessity, but. coupled with other circumstances, 
may do so. Op. Atty. Gen. (1917), p. 1672. 

Where a school building is destroyed by fire and there are no 
other buildings in the district in which the schools can be con- 
ducted, and a new building can be completed before the new school 
term, if advertisement under Section 7623 is dispensed with, but 
cannot be completed if time for advertisement is taken, then and 
in that case there would be a case of urgent necessity and the 
board may proceed to let the contract without advertising for 
bids for a period of four weeks. Op. Atty. Gen. (1918), p. 739. 

A board of education may not enter into a contract for a new 
school building and ignore the provisions of law relating to the 
letting of contracts therefor. 

"Urgent necessity'" means more than convenience and more 
than ordinary necessity. It is something which requires immediate 
action : something which cannot wait. When pleaded as an excuse 
for a failure to comply with any statutory requirement it must be 
decided by the circumstances of the particular case in which it 
arises, and where a case of urgent necessity exists the provisions 
of Section 7623 G. C. do not apply. 

A board of education may enter into a contract for a new 
school building at an amount in excess of the amount raised by 
the sale of bonds, provided there is sufficient money in the building 
fund of such district to make up the diflference between the amount 
of the bond issue and the am.ount of the contract price. 

A board of education is without authority to go into the open 
market and secure laborers, purchase materials and build a school 
house by force account and without advertising and letting the con- 
tract as is provided by law. Op. Atty. Gen. (1918), p. 591. 

A board of education is Avithout authority to let a contract 
for the furnishing of labor on a school building at ten per cent 
of the cost of material; and all contracts exceeding fifteen hundred 
dollars in cit}' school districts and five hundred dollars in other 
school districts let by a board of education for such labor, must be 
bv competitive bidding and in compliance with Section 7623 G. C. 
dp. Atty. Gen. (1919), p. 1084. 

See opinions of Attorney General No. 2191 (1921), cited 
under Sec. 7620. 



SCHOOL HOUSES AND LIBRARIES 



281 



GENERAL PROVISIONS. 

Section 2362. An officer, board or other authority of 
the state, a county, township, city, village, school or road 
district or of any public institution belonging thereto, 
authorized to contract for the erection, repair, alteration or 
rebuilding of a public building, institution, bridge, culvert 
or improvement and required by law to advertise and re- 
ceive proposals for furnishing of materials and doing the 
work necessary for the erection thereof, shall require 
separate and distinct proposals to be made for furnishing 
such materials or doing such work or both, in their dis- 
cretion, for each separate and distinct trade or kind of 
mechanical labor, employment or business entering into the 
improvement. 

HISTORY.— R. S. § 794; S5 v. 21S; 74 v. 1S6, § 1. 



Separate bids 
for work and 
materials. 



Section 2363. When more than one trade or kind of 
mechanical labor, employment or business is required no 
contract for the entire job, or for a greater portion thereof 
than is embraced in one such trade or kind of mechanical 
labor shall be awarded, unless the separate bids do not cover 
all the work and materials required or the bids for the 
whole or for two or more kinds of work or materials are 
lower than the separate bids therefor in the aggregate. 

HISTORY.— R. S. § 794; So v. 219; 74 v. 1S6, § 1. 



When con- 
tract shall 
not be 
awarded for 
entire work. 



Section 2364. The contract for doing the work be- 
longing to each separate trade or kind of mechanical labor, 
employment or business or for the furnishing of materials 
therefor, or both, shall be awarded by such officer, board or 
other authority in its discretion, to the lowest and best 
separate bidder therefor, and shall be made directly with 
him or them in the manner and upon the terms, conditions 
and limitations as to giving bond with security and other- 
v/ise as prescribed by law, unless it is let as a whole, or to 
bidders for more than one kind of work or materials. The 
provisions of this and the preceding two sections shall not 
apply to the erection of buildings and other structures of a 
less cost than ten thousand dollars. 



Each contract 
shall be for 
only one 
class of labor 
or material ; 
exceptions. 



HISTORY.— R. S. § 794; 85 



21S; 74 



186, 



Section 2365. The bonds provided for in this chapter 
required to be taken by a board or officer of the county, 
township, city, village or school district of the state shall not 
exceed fifty per cent of the estimated cost of such public 
building, bridge substructure or superstructure, or repair- 
ing, altering or rebuilding thereof. The officers named 
herein may require the person or persons on the bond of 
the successful bidder or bidders to qualify that they are 
residents of the state, and jointly worth a greater sum than 
the amount named in the bond over and above all liabilities 
and exemptions allowed by law. 

ITISTORY.-R. S. § 799a; 8.1 v. 218, 222. 



Limitation on 
bonds; quali- 
fication of 
sureties. 



282 



SCHOOL HOUSES AND LIBRARIES 



Bond and 
additional 
obligation of 
contractor to 
pay sub- 
contractors 
and material 
men. 



Section 2365-1. That when public buildings or other 
public works or improvements are about to be constructed, 
erected, altered or repaired under contract, at the expense 
of the state, or any county, city, village, township or school 
district thereof, it shall be the duty of the board, officer or 
agent, contracting on behalf of the state, county, city, vil- 
lage, township, or school district, to require the usual bond 
as provided for in statute with good and sufficient sureties, 
with an additional obligation for the payment by the con- 
tractor, and by all sub-contractors, for all labor performed 
or materials furnished in the construction, erection, altera- 
tion or repair of such building, works or improvements. 

HISTORY.— 107 V. 642, § 1. 



Approval of Sectiqn. 2365-2. Such boud shall be executed by such 

dSons.^°"~ contractor with such sureties as shall be approved by the 
board, officer, or agent acting on behalf of the state, county, 
city, village, township or school district aforesaid, in an 
amount equal to at least fifty per cent. (50%) of the con- 
tract price, and conditioned for the payment by the con- 
tractor and by all subcontractors, of all indebtedness which 
may accrue to any person, firm or corporation, on account 
of any labor performed or materials furnished in the con- 
struction, erection, alteration or repair of such building, 
works or improvement. Such bond shall be deposited with, 
and held by, such board, officer or agent for the use of any 
party interested therein. 

HISTORY.— 107 V. 642, § 2. 

Creditor shall SECTION 2365-3. Any pcrson, firm or corporation to 

me'nt^^of^*^*^" whom any money shall be due on account of having per- 
amount due formed any labor, or furnished any material in the con- 
to sureties. struction, crcctiou, alteration or repair of any such building, 
work or improvement, within ninety (90) days after the 
acceptance thereof by the duly authorized board or officer, 
shall furnish the sureties on said bond a statement of the 
When d amount due to any such person, firm or corporation. No 
how suit shall suit shall be brought against said sureties on said bond until 
be brought, ^j^^ expiration of sixty (60) days after the furnishing of 
said statement. If said indebtedness shall not be paid in 
full at the expiration of said sixty days, said person, firm or 
corporation may bring an action in his own name upon 
such bond, as provided in sections 11242 and 11243 of the 
General Code of the state of Ohio, said action to be com- 
menced within one year from the date of the acceptance of 
said building, work or improvement. 

HISTORY.— 107 V. 642, § 3. 



Form of 
bond. 



Section 2365-4. The bond hereinbefore provided for 
shall be in substantially the following form, and recovery 
of any claimant thereunder shall be subject to the conditions 
and provisions of this act to the same extent as if such con- 
ditions and provisions were fully incorporated in said bond 
form : 



SCHOOL HOUSES AND LIBRARIES 283 

KNOW ALL MEN BY THESE PRESENTS, that 

we, the undersigned as principal and as 

sureties, are hereby held and firmly bound unto 

in the penal sum of dollars, for the payment of 

which well and truly to be made, we hereby jointly and 
severally bind ourselves, our heirs, executors, adminis- 
trators, successors and assigns. 

Signed this day of , 19 

THE CONDITION OF THE ABOVE OBLIGA- 
TION IS SUCH, that whereas the above named principal 

did on the . day of , 19. ... , enter 

into a contract with , which said contract is 

made a part of this bond the same as though set forth 
herein ; 

Now, if the said shall well and faithfully do 

and perform the things agreed by to be done and 

performed according to the terms of said contract; and shall 
pay all lawful claims of sub-contractors, material men and 
laborers, for labor performed and materials furnished in the 
carrying forward, performing or completing of said con- 
tract; we agreeing and assenting that this undertaking shall 
be for the benefit of any material man or laborer having a 
just claim, as well as for the obligee herein ; then this obliga- 
tion shall be void; otherwise the same shall remain in full 
force and effect; it being expressly understood and agreed 
that the liability of the surety for any and all claims here- 
under shall in no event exceed the penal amount of this obli- 
gation as herein stated. 

The said surety hereby stipulates and agrees that no 
modifications, omissions, or additions, in or to the terms of 
the said contract or in or to the plans or specifications there- 
for shall in any wise affect the obligations of said surety on 
its bond. 

HISTORY.— 107 V. 642, § 4. 

Section 2366. Whoever, being an officer, violates any Penalty, 
provision of this chapter shall be fined in any sum not to 
exceed one thousand dollars. 

HISTORY.— R. S. 799a; 85 v. 218, 222. 

Section 7624. When it is necessary to procure or en- Appropriation 
large a school site, or to purchase real estate to be used for of ^^"d for 

• 1 1 1 • /- 1 1 t 1 <■ 1 '1 school pur- 

agricultural purposes, athletic field or playground for chil- poses. 
dren, or for the purpose of erecting and maintaining build- 
ings to be used as homes or houses for public school teach- 
ers, when the cost of such erection has been contributed by 
private donations or for the purpose of providing an outlet 
to dispose of sewage from a school building or grounds, 
and the board of education and the owner of the property 
needed for such purposes, are unable to agree upon the sale 
and purchase thereof, the board shall make an accurate plat 
and description of the parcel of land which it desires for 
such purposes, and file them with the probate judge, or 
court of insolvency of the proper county. Thereupon the 



284 SCHOOL HOUSES AND LIBRARIES 

same proceedings of appropriations shall be had which are 
provided for the appropriation of private property by 
municipal corporations. 

HISTORY.— R. S. § 3990; 70 v. 195, § 60; K3 v. 466; 107 v. 621 (624); 
lOS V. Pt. II 1223. 

As to appropriation of property, see G. C. § 3677. 

In determining the value of improved real estate in an appro- 
priation proceeding a property owner may offer evidence as to 
the value of the improvements separate from the land and show 
the value of the land separate from the improvements. Linesch et 
al vs. Board of Education 13 App. 161. 

In a proceeding for appropriation of lands brought by a board 
of education, the view of the premises had by the jury cannot be 
limited to the property itself, but must include its immediate sur- 
roundings. The jury is entitled to, and must necessarily see, the 
land immediately surrounding that which is to be appropriated. 

There is no rule in such a proceeding as to the burden of 
proof, nor is the property owner required to prove the value of 
his property by any preponderance of the evidence. 

There is no requirement in such a proceeding that all twelve 
jurors shall agree and sign the verdict. Kraemer vs. Board of 
Education, 8 App., 428. 

The desire of a board of education to prevent the erection of 
a blacksmith shop on land adjoining school grounds is not such a 
necessity to procure propertv as will permit the appropriation of 
such property. School Board\s. Peter, 9 O. N. P. (N. S.), 232. 

If a board of education of a school district, by a proper reso- 
lution of record, determines that it is necessary to procure a tract 
of land on which a church parsonage is located for school purposes, 
and that it is unable to agree with the official or officials of the 
church organization holding the title to said property in trust for 
said organization, upon the sale and purchase thereof, said board of 
education, acting under authority of and in compliance with the 
requirements of section 7624 G. C, as amended in 103 O. L., 466, 
may acquire the title to said property in the manner provided by 
law for the appropriation of private property by municipal corpora- 
tion. Op. Atty. Gen. (1915), p. 573. 

The board of education of a rural school district may not 
expend the funds of the district in acquiring a right of way 
through private property for the use of pupils residing in the dis- 
trict and living more than two miles from the nearest school in said 
district, for the purpose of relieving itself of the duty of providing 
transportation for such pupils under provision of Section 7731 
G. C., 104 O. L., 140. Op. Atty. Gen. (1916), p. 930. 

A village or city is without authority in law to donate to the 
board of education of the village or city school district a site upon 
which to erect: a school building. Op. Atty. Gen. (1916), p. 861. 

Taxes lawfully assessed become a lien on real property as of 
the day preceding the second Monday of April, and a board of 
education of the school district thereafter procuring such real 
property for school purposes either by purchase or appropriation 
hold such property subject to said tax lien until the same is paid. 

The board of county commissioners have no power either to 
remit said taxes, or any part thereof, or to refund the same to the 
board of education after the pavment thereof. Op. Atty. Gen. 
(1917), p. 144. 

A board of education is without authority to expend its funds 
or advance money for the rent and the furnishing of a house to 
be used as a teachers' home ; but a board of education may, under 
the provisions of section 7624 G. C., purchase real estate as a site 
for the purpose of erecting such a home for school teachers 
employed in the district, when the cost of the erecting of the 
building has been contributed by private donations. Op. Atty. Gen. 
Xo. 3014, April 21, 1922. 



SCHOOL HOUSES AND LIBRARIES 



285 



Section 7624-1. A municipal corporation may by 
ordinance duly passed authorize the transfer and convey- 
ance by deed, of any real property owned by it and not 
needed for municipal purposes to the board of education of 
any such municipality, to be used by said board of educa- 
tion as an athletic field, a play ground for children or for 
school sites, upon such terms and conditions as are agreed 
to between the municipal corporation and the board of 
education and when such property is so conveyed, the same 
shall be under the control and supervision of such board of 
education. 

HISTORY.— 103 V. 466. 

. Held that the provisions of this section confer no authority on 
a village or city to donate to the board of education of the village 
or city school district a site on which to erect a school building. 
Op. Atty. Gen. (1916), p. 861. 

Section 7625. When the board of education of any 
school district determines that for the proper accommoda- 
tion of the schools of such district it is necessary to pur- 
chase a site or sites to erect a schoolhouse or houses, to 
complete a partially built schoolhouse, to enlarge, repair or 
furnish a schoolhouse, or to purchase real estate for play- 
ground for children, or to do any or all of such things, that 
the funds at its disposal or that can be raised under the 
provisions of sections seventy-six hundred and twenty-nine 
and seventy-six hundred and thirty, are not sufficient to ac- 
complish the purpose and that a bond issue is necessary, the 
board shall make an estimate of the probable amount of 
money required for such purpose or purposes and at a gen- 
eral election or special election called for that purpose, sub- 
mit to the electors of the district the question of the issuing 
of bonds for the amount so estimated. Notices of the elec- 
tion-required herein shall be given in the manner provided 
by law for school elections. 

HISTORY.— R. S. § 3991; 70 v. 241, § 61; 91 v. 41; 94 v. 38; 97 v. 357; 
102 V. 419. 

Section 7625, General Code, vests in a board of education 
authority to determine the needs of the school district for the 
proper accommodation of its schools. 

A court has no authority to control the discretion vested in 
a board of education by the statutes of this state, or to substitute 
its judgment for the judgment of such board, upon any question it 
is authorized by law to determine. 

A court will not restrain a board of education from carrying 
into effect its determination of any question within its discretion, 
except for the abuse of discretion or for fraud or collusion on the 
part of such board in the exercise of its statutory authority. Bran- 
non vs. Board of Education, 99 O. S., 369. 

As to effect of erroneous estimate as to cost of constructing 
a school building, see McAlexander ys. Haviland Village School Dis- 
trict, 7 O. N. P. (N. S.), 590. 

Proceedings of a school board providing for the issue of bonds 
are invalid, where the action pertaining thereto was taken at a 
special meeting of the board from which one member was absent, 
and no written notice of the meeting has been served on each 
member of the board either personally or at his residence or at his 
usual place of business, as required by section 4751, General Code. 
Kattman vs. Board of Education, 15 O. C. C. (N. S.), 232. 



Municipality 
may convey 
real property 
to boarci of 
education. 



May issue 
bonds. 



Notice of 
election. 



286 SCHOOL HOUSES AND LIBRARIES 

Where the electors of a school district have voted to issue 
bonds as provided by section 7625 et seq. of the General Code, in 
order to make the levy to pay for such bonds, as authorized in 
Senate Bill 160 (section 5649-3a), it is not necessary to submit the 
question to the voters again in order to take advantage of the 
new levy provided for in Senate Bill 160. Op. Atty. Gen., No. 2291, 
Aug. 4, 1921. 

The power to select school sites vested in a board of educa- 
tion will not be interfered with by the courts; and the selection of 
a particular site at the time a bond issue for a school building was 
submitted to popular vote does not limit the board's power to after- 
ward select a different site for a centralized school building. State 
vs. Jefferson Township School . District, 30 O. C. A., 365, 11 
App., 146. 

Under the provisions of section 7625 G. C. the board of educa- 
tion in its resolution must state the purpose for which a bond issue 
is to be submitted. The proceeds arising from such a bond issue 
must be expended strictly in accord with the provisions of such 
resolution. , 

Where the resolution provides that it is for the purpose of 
purchasing land to erect a school building, it cannot be construed 
to authorize the purchase of two sites and the erection of two 
school buildings. 

Where the resolution makes no mention of repairing or building 
an addition to an existing schoolhouse, moneys arising from such 
bond issue cannot properly be used for said purpose. Op. Atty. 
Gen. No. 1998, April 13, 1921. 

Where a board of education by resolution under this section 
submits to the electors of the school district the proposition of a 
bond issue in a stated amount for the purpose of erecting a school 
building, and as a part of the same proposition there is also sub- 
mitted to the electors the question of issuing bonds in a stated 
amount for the purchase of motor trucks and school wagons, the 
whole of said bond issue is invalid. This for the reason that there 
is no authority in said statute for submitting to the electors the 
question of a bond issue for the purpose of purchasing said motor 
trucks and school wagons, and the electors by said submission had 
no opportunity of voting separately on the question of issuing 
bonds for the purpose of erecting the school building. Allaird v§. 
Board of Education, 101 O. S., 469. 

Mandamus is a writ commanding a public board or official 
to perform an act which the law specifically enjoins as a duty re- 
sulting from an office, trust or station, and will issue only when 
it is clearly shown: that there is a plain dereliction of such duty. 

Boards of education are by the provisions of Section 7625, 
General Code, vested with authority to determine the needs of 
school districts for the proper accomodation of the schools, and the 
approval by the electors at an election called for that purpose of a 
bond issue to raise funds for the erection of a schoolhouse does 
not withdraw from the board the -discretion and authority con- 
ferred upon it by law, nor require the board to proceed with the 
erection of a particular school building. 

104 O. S.— (Decided March 14, 1922. State, ex rel V. Board 
of Education. 

Held that a special election upon the question of the issue of 
bonds for school purposes is to be considered a school election 
under Section 5120 G. C, and that returns^ of such election should 
be made to the clerk of the board of education of the school district 
and that such board is the authority that shall first canvass said 
returns. Op. Atty. Gen. (1911), p. 507. 

When the electors of a school district have voted favorably 
upon the necessity of erecting a high school and have authorized an 
issue of bonds therefor, there is no statutory limit as to the time 
when the board shall issue the bonds. The fact of the necessity 
which exists, however, and its recognition by the voters imposes 
upon the board the obligation to proceed within a reasonable time. 
Op. Atty. Gen. (1911), p. 527. 



SCHOOL HOUSES AND LIBRARIES 287 

Where by popular vote the electors of a school district have 
authorized the centralization of schools, but have later by popular 
vote denied a proposition for the issue of bonds for the erection of 
a building necessary for the purpose of such centralization, the cen- 
tralization is not deemed complete and the board of education may 
adhere to the old district school arrangement until the electors 
authorize the issue of bonds for the construction of the necessary 
building for the purpose of effecting centralization. Op. Atty. 
Gen. (1911), p. 1145. 

The intention of Section 7625 G. C, as clearly expressed 
therein, comprises within its terms the authority to call for an elec- 
tion upon the question of issuing bonds for the erection of a school 
house, as well as for the purpose of securing a site for such school 
building. Op. Atty. Gen. (1911), p. 510. 

The statutes do not require or authorize publication of a 
resolution of a board of education passed for the purpose of sub- 
mitting to electors the question of issuing bonds for the construc- 
tion of a school building. 

Under Section 7625 G. C., however, notices of the election 
shall be given in the manner provided by law for school elections, 
i. e., under Section 4839 G. C., such publication may be made by 
posting written or printed notices in five public places in the district 
at least ten days before the holding of the election, or it may be 
published in a newspaper of general circulation in the district, 
once at least ten days before holding of the election. Op. Atty. 
Gen. (1913), p. 1515. 

A proposition for the centralization of schools under the pro- 
visions of Section 4726 G. C, and a proposition to issue bonds 
under the authority of Section 7625 G. C., may be submitted as 
separate propositions to the electors of a rural school district at 
the same election. Op. Atty. Gen. (1915), p. 67. 

Held that tax limitations do not ooerate as debt limitations 
when a board of education under Section 7625 G. C. merely de- 
termines to submit the question of the issue of bonds in a given 
amount to a vote of the electors of the school district. Such 
limitations, however, apply when, after a favorable vote, the board 
proceeds to issue the bonds, and will prevent their issuance un- 
less within the period for which the bonds are to run sufficient 
interest and sinking fund levies can be made within the tax limita- 
tions. However, in such case the principles have but a limited ap- 
plication because of the fact that the bonds are issued by a vote of 
the people and because of the provisions of Section 5649-1 G. C., 
as amended in 104 O. L., 12. Op. Atty Gen. (1915), p. 486. 

Where the electors of a school district vote in favor of a 
bond issue under authority of Section 7625 G. C., for the purposes 
therein mentioned and said bonds are issued, and thereafter terri- 
tory is transferred by the county board of education to said school 
district from another school district* said territory will be liable 
for its share of the bonded indebtedness so created. Op. Atty. 
Gen. (1915), p. 1970; Op. Atty. Gen. (1915), p. 2458. 

The question of issuing bonds for the purpose of purchasing 
a site and erecting a high school building as authorized by Section 
7669 G. C., may be submitted at a special election called for that 
purpose or at a regular or general election. 

When the question of issuing bonds is submited pursuant to 
Sections 7669 and 7625 G. C, it is not required that in addition 
thereto there shall be submitted the question of levying an addi- 
tional tax for high school purposes, pursuant to Sections 5649-5 and 
5649-5a, G. €. 

Bonds authorized by Section 7669, G. C, to' be issued for the 
purpose of purchasing a site and erecting a high school building, 
must be issued by each district separately and issue must be ap- 
proved by a majority of the electors voting thereon in each dis- 
trict in which the question is submitted. 

The levy for interest and sinking fund must be in proportion 
to the amount of bonds issued in each of the several united districts. 
Op. Atty. Gen. (1916), p. 1100. 



288 SCHOOL HOUSES AND LIBRARIES 

Bonds may not be issued for the purposes mentioned in Sec- 
tion 7630-1 G. C, except upon the approval of the electors of the 
school district in the manner provided bv Sections 7625 and 
7626 G. C. 

Bonds may not be issued for the purposes therein mentioned 
pursuant to Section 7630-1 G. C., if it is practicable to secure the 
necessary funds for such purposes, pursuant to Section 7625 G. C. 
et seq., and within the fifteen mill limitation of Section 5649-5b, G. 
C, 103 O. L, 57. Op. Atty. Gen. (1916), p. 1654. 

Where the board of education of a school district, acting 
under Section 7625 et seq., G. C. and pursuant to the authority re- 
sulting from the favorable vote of the qualified electors of such 
district held at the August primary, issues bonds for the construc- 
tion of a school building and having complied with the require- 
ments of Section II of Article XII of the Constitution, as well as 
of Section 7628 G. C., certifies to the county budget commission a 
tax levy for interest and sinking fund purposes incident to said 
bond issue, and it appears that the combined rate for all purposes 
of said district, including the levy in question, does not exceed the 
fifteen mill limitation prescribed by Section 5649-5b G. C., 103 O. L., 
57, said budget commission may certify said levy to the auditor of 
the county in which such school district is located and it will then 
be the duty of said auditor to determine the rate of tax necessary 
to produce the amount needed for said interest and sinking fund 
and place the same on the duplicate of said school district for the 
year in which said levy is made. Op. Atty. Gen. (191.6), p. 1699. 

In issuing bonds under the provisions of Sections 7625 to 
7628 G. C, inclusive, the provisions of Section 7629 G. C. do not 
apply and a majority of the board of education may pass the reso- 
lution therefore as provided in Section 7626 G. C. Op. Atty. Gen. 
(1917), p. 835. 

Bonds of school districts may not be voted and issued under 
Section 7625 of the General Code for the purpose of raising ad- 
ditional money for current expenses in conducting the schools. Op. 
Atty. Gen. (1917), p. 82. 

Proceedings by a board of education of a school district to 
issue bonds under the provisions of Section 7630-1 G. C, for the 
purpose of installing an improvement in a school building ordered 
by the department of work shops and factories of the industrial 
commission of Ohio, must conform to the provisions of Section 

7625 G. C. ; and before the question of a bond issue for said pur- 
pose is submitted to the electors of the school district the board of 
education must affirmatively find that the funds at its disposal or 
that can be raised under the provisions of Sections 7629 and 7630 
G. C, are insufficient for the purpose. Op. Atty. Gen. (1917), 
p. 90. 

A village school district and a township rural school district 
uniting for high school purposes under Section 7669 G. C, may 
each issue bonds under said section on a vote of the electors of the 
respective school districts in the manner provided by Sections 7625, 

7626 and 7627 of the General Code for the purpose of erecting a 
high school building for the joint high school district. Such 
separate issue of bonds by a vote of such school districts so uniting 
for high school purposes will be in compliance with the provisions 
of said Section 7669 G. C. Op. Atty. Gen. (1917), p. 247. 

A board of education has no authority under Section 7625, 
7626 and 7627 G. C, to issue bonds for the purpose of purchasing 
automobile trucks with which to transport pupils of the school dis- 
trict, and when such purpose is included within the purpose of a 
bond issue by the board of education under said sections of the 
General Code, such issue of bonds is invalid. Op. Atty. Gen. 
(1917). p, 1261. 

Unless a proposed issue of bonds by the board of education 
of a school district for any one or more of the purposes mentioned 
in Section 7625 G. C, is to provide for an emergency _ under the 
terms of Section 7630-1 G. C, such board of education is not 
authorized to submit the question of such bond issue to a vote of 



SCHOOL HOUSES AND LIBRARIES 



289 



the electors of the school district, unless in its resolution providing 
for the submission of such question, or in other appropriate legis- 
lation it first determines that the funds at its disposal or that can be 
raised by a bond issue without a vote of the electors under Sec- 
tion 7625 are not sufficient for the purpose. Op. Atty. Gen. (1918), 
p. 1526. 

A board of education has no authority to issue bonds under 
this section for the purpose of purchasing wagons for the trans- 
portation of pupils. Op. Atty. Gen. (1918). p. 1056. 

A determination "that for the proper accommodation of the 
schools of the district it is necessary to purchase a site and to erect 
a school house," etc., is a jurisdictional prerequisite to the valid 
issuance of the bonds under Section 7625, G. C., et seq., for such 
purposes. 

The jurisdictional findings and determinations required to be 
made under Section 7625, if not incorporated in the resolution sub- 
mitting the question of the issue of such bonds to the electors, 
cannot be supplied by later correction of the minutes of the meet- 
ing at which the same is adopted after the election has been held. 
Op. Atty. Gen. (1919), p. 638. 

A board of education which has issued bonds under Section 
7630-1 and Section 7625 of the General Code and finds that the 
amount of the bond issue will not be sufficient to construct a school 
house which is necessary for the proper accommodation of the 
schools of the district, may, by again complying with these sections, 
issue additional bonds in an amount sufficient to produce the re- 
quired aggregate sum necessary to construct such building. Op. 
Atty. Gen. (1919), p. 816. 

The question of centralization of schools and the issue of 
bonds to the furtherance of the scheme of centralization, cannot be 
submitted at the same time to the qualified electors of the school 
district under Section 4726-1 G. C. Op. Atty. Gen. (1919), p. 952. 

There is no provision of law other than Section 7626 et seq. 
G. C., whereby boards of education authorized by vote under Sec- 
tion 4726 G. C., to centralize schools, may borrow money with 
which to erect a centralized school building. Op. Atty Gen. (1914), 
p. 607. 

Boards of education are without authority to expend public 
funds" in printing and mailing to each taxpayer literature and ad- 
vertising matter in favor of any proposition to be voted on by 
the electors at an election called by such board of education. Op. 
Atty. Gen. (1920), p. 915. 

See opinions of Attorney General, No. 2985 (1922), cited under 
Sec. 7630-1. 



Section 7626. If a majority of the electors, voting on issue of 
the proposition to issue bonds, vote in favor thereof, the propositTon" 
board thereby shall be authorized to issue bonds for the approved. 
amount indicated by the vote. The issue and sale thereof 
shall be provided for by a resolution fixing the amount of 
each bond, the length of time they shall run, the rate of in- 
terest they shall bear, and the time of sale. Such bonds shall 
be sold in the manner provided by law. 



HISTORY.— R. S. § 3992; 
As to sale of public bonds, 



TO V. 195, 
see G. C. 



32.; 97 V. 357; 106 
2294 and 2295. 



V. 492 (495). 



It is necessary to advertise the sale of bonds by a board of 
education under Section 7626 G. C., and a board of education is not 
authorized to dispense with competitive bidding in the sale of the 
same. 

A board of education which has advertised the sale of bonds 
bearing a certain rate of interest, and has received no bids for the 
same, and which then proceeds Ijy resolution to raise the rate of 
interest on said bonds, must again 6ffer said bonds to the board 
of commissioners of the sinking fund of the school district, if such 

19 s. L. 



290 



SCHOOL HOUSES AND LIBRARIES 



Requisites of 
bonds. 



there be, and then to the industrial commission of Ohio prior to 
again advertising the same for sale. Op. Atty. Gen. (1915), p. 133. 
In issuing bonds under the provisions of Section 7625 to Sec- 
tion 7628 G. C, inclusive, the provisions of Section 7629 G. C., do 
not apply, and a majority of the board of education may pass the 
resolution provided for in Section 7626 G. C. Op. Atty. Gen. 
(1917), p. 835. 

Section ']62'j. Such bonds shall bear a rate of in- 
terest not to exceed six per cent per annum payable semi- 
annually, be made payable within at least forty years from 
the date thereof, be numbered consecutively, made payable 
to the bearer, and be signed by the president and clerk of 
the board of education. The clerk of the board must keep 
a record of the number, date, amount and the rate of in- 
terest of each bond sold, the amount received for it, the 
name of the person to whom sold, and the time when pay- 
able, which record shall be open to the inspection of the 
public at all reasonable times. Bonds so issued shall in no 
case be sold for less than their par value and accrued in- 
terest. 

HISTORY.— R. S. § 3992; 70 v. 195, § 62; 97 v. 357; 106 v. 492 (495). 

Where a second issue of bonds is authorized the date of 
maturity may be fixed later than the date of maturity of the first 
issue, the only limitation of law under G. C., Sec. 7627 is that 
they be made payable within at least forty years from their 
date. Op. Atty. Gen., (1920), p. 681. 



Tax levy to 
pay bonds 
thus issued. 



Section 7628. When an issue of bonds has been pro- 
vided for under the next three preceding sections, the board 
of education, annually, shall certify to the county auditor or 
auditors as the case may require, a tax levy sufficient to pay 
such bonded indebtedness as it falls due together with ac- 
crued interest thereon. Such county auditor or auditors 
must place such levy on the tax duplicate. It shall be col- 
lected and paid to the board of education as other taxes are. 
Such tax levy shall be in addition to the maximum levy for 
school purposes, and must be kept in a separate fund and 
applied only to the payment of the bonds and interest for 
which it was levied. 



HISTORY.— R. S. § 3993; 70 v. 195, 



97 V. 358. 



When a joint school district is formed for high school pur- 
poses by a township school district and an adjoining village school 
district such district becomes one district and taxes for the sup- 
port of the same must be borne by the respective joined districts in 
proportion to the total valuation of the property in each, nol with- 
standing the fact that the village school district sends the most 
pupils and has the smallest valuation. Op. Atty. Gen, (1911), p. 
1042. 

Where the board of education of a school district acting under 
Section 7625 et seq. G. C, and pursuant to the authority resulting 
from the favorable vote of the qualified electors of such^ district 
held at the August primary, issues bonds for the construction of a 
school building, and having complied with the requirement of 
Section II of Article XII of the Constitution as well as Section 
7628 G. C., certifies to the county budget commission a tax levy for 
interest and sinking fund purposes incident to said bond ^ issue, 
and it appears that the combined rate for all purposes of said dis- 
trict, including the levy in question, does not exceed the fifteen mill 



SCHOOL HOUSES AND LIBRARIES 29I 

limitation prescribed by Section 5649-5b G. C, 103 O. L., 57, said 
budget commission may certify said levy to the auditor of the 
county in which such school district is located and it will then be 
the duty of said auditor to determine the rate of tax necessary to 
produce the amount needed for said interest and sinking fund and 
place the same on the duplicate of said school district for the year 
in which said levy is made. Op. Atty. Gen. (1916), p. 



Section 7629. The board of education of any school issue of bonds 
district may issue bonds to obtain or improve public school ec[uca°fonf °^ 
property, and in anticipation of income from taxes, for such 
purposes, levied or to be levied, from time to time, as oc- 
casion requires, may issue and sell bonds, under the restric- 
tions and bearing a rate of interest specified in sections 
seventy-six hundred and twenty-six and seventy-six hun- 
dred and twenty-seven. The board shall pay such bonds and 
the interest thereon when due, but provide that no greater 
amount of bonds be issued in any year than would equal the 
aggregate of a tax at the rate of two mills, for the year 
next preceding such issue. The order to issue bonds shall 
be made only at a regular meeting of the board and by a 
vote of two-thirds of its full membership, taken by yeas 
and nays and entered upon its journal. 

HISTORY.— R. S. § 3994; 75 v. 526, § 56; 89 v. 257; 95 v. 530; 97 v. 358; 
109 V. 252. 

Section 7629 G. C. empowers the board of education of a 
school district to issue, without a vote of the electors, such an 
amount of bonds in any one year as does not exceed in the aggre- 
gate a tax of two mills for the year next preceding the issue. The 
limitation of the Smith one per cent, law must be observed, how- 
ever. Op. Atty. Gen. (1911), p. 1332. 

Held that where a board of education has twice submitted the 
proposition of the issue of bonds of the school district under Sec- 
tion 7625 G. C., and such proposition has in both instances been 
defeated, recourse could not be had to Section 7629 G. C., for the 
same purpose and that the board is without remedy. Op." Atty. 
Gen. (1912), p. 1200. 

Where a board of education in a school district submits the 
question of a bond issue to a vote of the electors of the school 
district under authority of and in compliance with the require- 
ments of Section 7625 et seq. of the General Code, for any of the 
purposes mentioned therein, said board by submitting said bond 
issue for an amount of money the board estimates to be sufficient 
for the purpose, exhausts its authority for this particular purpose 
and cannot provide an additional sum for the same purpose under 
the authority of Section 7629 G. C. Op. Atty. Gen. (1915), p. 536. 

The last two opinions above noted were later disapproved and 
overruled by the opinion of the Attorney General, (1918), p. 175. 

In order to^ obtain or improve school property a board of 
education may without a vote of the electors issue and sell bonds. 
No greater amount of bonds can be issued in any one year than 
would equal the aggregate of a tax at the rate of two mills for the 
year next preceding such issue. The resolution to issue such bonds 
can be made at a regular meeting of the board and by a two- 
thirds vote of the full membership of the board. Op. Atty. Gen. 
(1913), p. 1317. 

A levy of taxes made by a board of education for the purpose 
of providing for the payment of bonds issued in anticipation 
thereof under authority of Section 7629 G. C., must be made within 
the ten mill aggregate limitation of the Smith one per cent, law 
and also within the five mill limitation applicable to boards of edu- 
cation as such, and prescribed by Section 5649-3a G. C., 102 O. L., 
266. Op. Atty. Gen. (1913), p. 1381. 



292 SCHOOL HOUSES AND LIBRARIES 

Held on a consideration of the case of Rabe vs. Board of 
Education, 88 O. S, 403, that Section 7629 G. C, providing for the 
issue of bonds by boards of education, is still in effect, but that tax 
levies to pay the interest on such bonds and create a sinking fund 
for their payment at maturity are subject to the exterior limitation 
of ten mills and the interior limitation of five mills prescribed 
by the Smith one per cent law. Op. Atty. Gen. (1914), p. 1078. 

Section 7629 G. C., was not repealed by implication by the en- 
actment of Sections 5649-2 to 5649-5b G. C., and the board of edu- 
cation of the school district may issue bonds under authority of 
Section 7629 G. C. for the purpose therein set forth, subject to the 
limitations provided in said section and subject also to the limita- 
tions as to tax levies provided by sections 5649-2 and 5649-5b G. C 
Op. Atty. Gen. (1915), p. 1640. 

The proceeds of bonds issued by the board of education of a 
school district for the purpose of purchasing a site whereon to erect 
a high school building and for the construction of such building, 
may not be issued by said board for the erection of a grade school 
building. Op. Atty. Gen. (1916), p. 1778. 

The words 'in any one year" in Section 7629 G. C, means in 
any one school year which means on September 1 of any calendar 
year and ending on August 31 of the succeeding calendar year. Op. 
Atty. Gen. (1917), p. 1718. 

Where the state superintendent of plumbing makes an order 
that certain repairs shall be made in a school building, and there is 
no money in the hands of the board with which to make said re- 
pairs, funds may, be raised under the provisions of Section 7629 
G. C. Op. Atty. Gen. (1917), p. 1758. 

The authority of a board of education of a school district 
to issue bonds under the provision of Section 7629 G. C, for the 
purpose of improving public school property is limited to the issue 
of bonds for specific improvements determined by the board of 
education at the time the issue of the bonds is provided for; and 
the resolution of the board of education providing for such bond 
issue should indicate the fact that said bonds are issued for such 
specific improvements. Op. Atty. Gen. (1918), p. 82, 

Bonds cannot be sold under the provisions of Section 7629 
G. C. to pay the rent of school buildings. Op. Atty. Gen. (1918), 
p. 1440. 

The amount of bonds that a board of education of a school 
district may issue in any current school year under Section 7629 
G. C. for the purpose of obtaining or improving school property is 
limited to a tax at the rate of two mills upon the tax duplicate 
valuation upon which the school taxes of the district for the previ- 
ous school year were extended and collected ; and therefore, an 
issue of bonds provided for by a resolution of the board of educa- 
tion of the school district under said section under date of February 
23, 1918, is limited to the amount produced by a tax at the rate of 
two mills on the tax duplicate valuation of the taxable real and 
personal property of the school district for the year, 1916, Op. 
Atty. Gen. (1918), p. 646. 

A board of education cannot legally issue bonds under the 
provisions of sections 7629 and 7630 G. C. (109 O. L., 252) for the 
purpose of obtaining motor trucks to transport pupils to school. 

.Where bonds are issued under the provisions of section 7629 G. 
C. for the purposes mentioned therein, no vote of the people is 
necessary. Op. Atty. Gen. No. 3273, June 27, 1922. 

See opinions of Attorney General, No. 2985 (1922), cited under 
Sec. 7630-1. 

Limitation of SECTION 7630. In no case shall a board of education 

issue, tax issuc bonds under the provisions of the next preceding sec- 
tion in a greater amount than can be provided for and paid 
with the tax levy authorized by law and subject to limita- 
tions on the combined maximum rate for all taxes in force 



SCHOOL IIOUSKS AND LIBRARIES 293 

at the date of issue. The board shall provide, subject to 
said hmitations, for the levy of a sufficient tax for interest 
and sinking fund or retirement purposes in the resolution 
authorizing the issue. The amount of such bonds outstand- 
ing at any time shall not exceed one and one-half per cent 
of the tax duplicate of the district. 

All bonds heretofore issued or authorized to be issued Prior issues 
by any board of education under authority of next preced- 
ing section, for a lawful purpose, which have been or shall 
be sold for not less than par and accrued interest and the 
proceeds thereof have been or shall be paid into the treasury, 
shall be held to be legal, valid and binding obligations of the 
school district and the board of education thereof. 

HISTORY.— R. S. § 3994; 75 v. 526, § 56; 89 v. 257; 95 v. 5.30; 97 v. 358; . 
109 V. 252. 

Held notwithstanding the fact that Section 7630 G. C, was 
repealed by implication by the enactment of the provisions^ of the 
Smith one per cent, law, that Section 7629 G. C. still authorizes the 
issue of school bonds for purposes subject to the pertinent pro- 
visions of the Smith one per cent, law with respect to tax levies to 
pay the interest on such bonds and provide a sinking fund for their 
pavment at maturitv. Op. Atty. Gen. (1916), p. 1285; Op. Atty. 
Gen. (1917), p. 1758. 

Section 7630-1. If a schoolhouse is wholly or partly Replacement 
destroyed by fire or other casualty, or if the use of any destroyed or 
school house or school houses for their intended purpose condemned, 
is prohibited by an order of the Industrial Commission of 
Ohio or its successor in such authority, and the board of 
education of the school district is without sufficient funds 
applicable to the purpose, with which to rebuild or repair 
such school house or to construct a new school house for the 
proper accomodation of the schools of the district, and it is 
not practicable to secure such funds under any of the six 
preceding sections because of the limits of taxation applic- 
able to such school district, such board of education may 
issue bonds for the amount required for such purpose. For 
the payment of the principal and interest on such bonds 
and on bonds heretofore issued for the purpose herein men- 
tioned and to provide a sinking fund for their final redemp- 
tion at maturity, such board of education shall annually 
levy a tax as provided by law. 

HISTORY.— irS V. 527; 109 v. 343. The statute of which this section is 
a part was declared by the legislature to be an emergency measure. See 
?03 V. 527 (528), § 3. 

This section was held to be still in force and effect as against 
the contention that the same had been repealed by implication by 
the act of the legislature abolishing the department of workshops 
and factories, and transferring its functions to the state industrial 
commission. Kinsinger vs. Board of Education, 101 O. S., 298. 

There is no limit as to the amount of bonds that may be issued 
by a board of education under section 7630-1 G. C. but such section 
cannot be used by a board of education unless it is not practicable 
to secure the 'necessary funds under sections 7625, 7626, 7627. 7628. 
7629 and 7630, and a board of education in operating under section 
7630-1 G. C. should use discretion and good judgment that the 
bond issue under such section be protected by -a sufficient tax 
duplicate. 



294 SCHOOL HOUSES AND LIBRARIES 

Where a board of education has issued bonds under section 
7625 to build a school house and the funds derived therefrom were 
not sufficient to build the same, leaving the building unfinished, 
and in the meantime an order has been placed against the old 
school building in the district by the Industrial Commission, for- 
bidding its use for school purposes, such district may issue bonds 
under section 7630-1 G. S. if it is not practicable to issue further 
bonds under sections 7625, 7626, 7627, 7628, 7629 and 7630 G. C. to 
complete such school building. Op. Atty. Gen. No. 2985, Apr. 13, 
1922. 

Under the provisions of amended section 7630-1 (109 O. L., 
p. 336) a board of education may issue bonds Without a vote of 
the people upon the same for the purpose of rebuilding or repairing 
a school house or constructing a new school house, where the school 
house formerly used was destroyed by fire or other casualty, or if 
the use of the same for its intended purpose was prohibited by an 
order of the Industrial Commission, but before a board of education 
can avail itself of the provisions of section 7630-1 it must appear 
that it is not practicable to secure the necessary funds under sec- 
tions 7625, 7626, 7627, 7628, 7629 and 7630. 

Under the provisions of section 5649-4 G. C, 2l board of 
education issuing bonds under the provisions of section 7630-1 
G. C. may levy a tax sufficient to provide therefor, irrespective of 
any limitations. Op. Atty. Gen. No,, 2902, Feb. 25, 1922. 

Where the industrial commission and its deputy in charge of 
the department of work shops, factories and public buildings con- 
demned the use of a public school building for school purposes, 
the order must be complied with and an emergency is created. If 
bonds are issued by the board of education with the approval of 
the majority of the electors at a special election the tax levy neces- 
sary to carry these bonds may be made outside of the limitations of 
the Smith one per cent. law. Such is the effect of the amendment 
to Section 5649-4 G. C. Op. Atty. Gen. (1913), p. 1715. 

Under Section 7630-1 of the General Code a school building 
condemned by the chief inspector of work shops and factories may 
be rebuilt or repaired. The money may be borrowed therefor, by 
an issue of bonds regardless of the Smith one per cent, law limita- 
tion. Op. Atty. Gen. (1913), p. 14. 

Where the inspector of work shops and factories prohibits the 
use of a school house until certain repairs are made, but the board 
of education decides to erect a new school building instead and 
the electors vote for a $25,000 bond issue for the construction there- 
of, but cannot levy sufficient taxes to pay bonds and maintain the 
schools there would be an emergency within the meaning of Sec- 
tion 5649-4 G. C, and the necessary taxes for the retirement of 
bonds required for the purpose may be levied outside of all limita- 
tions of law. Op. Atty. Gen. (1914), p. 548. 

In the absence of a showing of gross abuse of discretion on 
the part of the school board, in determining to acquire a new site 
and erect new buildings rather than to repair and re-equip the old 
buildings condemned by the Industrial Commission, a court is 
without authority to interfere. Kinsinger et al vs. Board of Educa- 
tion, 22 O. N. P. (N. S.), 241. 

If a board of education deems it necessary to secure a new 
site in order to replace a school house condemned or destroyed, 
the tax levies necessary for the purchase of such site are not within 
the exemption of Sections 7630-1 and 7630-2 G. C, but must be made 
within the appropriate limitations of the Smith one per cent. law. 
Op. Atty. Gen. (1914), p. 1128. 

For the purpose of repairing or erecting school buildings in 
compliance with orders of the chief inspector of work shops and 
factories, or when rendered necessary by destruction of buildings 
by fire or other casualty, a board of education may issue and sell 
bonds under the provisions of Section 7629 G. C, without a vote 
of the electors; the tax levy therefor being within the five mill and 
ten mill limitations of the Smith law. 



SCHOOL HOUSES AND LIBRARIES 295 

If the funds at its disposal, or that can be raised under Sec- 
tion 7629 G. C, would not be sufficient, the board may submit the 
proposition to the electors in conformity" with the provisions of 
Sections 7625 et seq., G. C, the tax levy for such bonds and interest 
being outside of the five and ten mill limitations, but within the 
fifteen mill limitation of the Smith law. 

Upon determination that sufficient money cannot be raised 
within the limitations applicable to each of the foregoing methods, 
the board may submit the prosposition to issue bonds pursuant to 
ihe provisions of Sections 7630-1 and 5649-4 G. C., to which latter 
procedure none of the limitations on taxation is applicable. Op. 
Atty. Gen. (1915), p. 544. Op. Atty. Gen. (1915), p. 1263. 

Bonds may not be issued for the purposes therein mentioned 
pursuant to Section 7630-1 G. C., if it is practicable to secure neces- 
sary funds for such purposes, pursuant to Section 7625 G. C., et 
seq., and within the fifteen mill limitation of Section 5649-5b G. C., 
103 O. L., 57. Op. Atty. Gen. (1916), p. 1654. 

Although under the provisions of Section 7630-1 and Section 
5649-4 G. C., a board of education is not authorized to levy taxes 
outside of the limitations of the Smith one per cent, law for the 
purpose of paying the principal and interest on bonds issued on a 
vote of the electors for the purpose of constructing a school build- 
ing, the construction of which is made necessary by the emergency 
mentioned in Section 7630-1 G. C., unless it is not practicable to 
secure the funds necessary for the construction of such building 
under the provisions of Sections 7625 to 7630, inclusive, G. C., the . 
right of the board of education to make such levies outside of the 
limitation of the Smith one per cent, law should not be denied 
where the legislation of the board of education with respect to 
such bond issue shows a bona fide attempt on the part of the board 
of education to bring the proceedings within the authority of said 
Sections 7630-1 and 5649-4; and it further appears as a matter of 
fact that said board of education cannot meet such bonds and the 
interest thereon by levies within the limitations of the Smith one 
per cent. law. Op. Atty. Gen. (1917), p. 1439. 

Where two school buildings have been condemned by the 
chief deputy of the department of inspection, division of work 
shops, factories and public buildings^ and the board of education 
determines to build a new school building instead of one of those 
condemned, and enlarges the other one, and money cannot be 
raised under Sections 7625 to 7629, inclusive, G. C., because of the 
limitations of taxation, such an emergency exists as will permit 
the levy to be made under Section 5649-4 G. C., outside of the 
limitations of the Smith law. Op. Atty. Gen. (1917), p. 2355. 

Bonds may not be lawfully authorized under Section 7630-1 
of the General Code for the purpose of making improvements on 
school property rendered necessary by the order of the state plumb- 
ing inspector. Op. Atty. Gen. (1918), p. 873. 

The board of education which has issued bonds under Sec- 
tions 7630-1 and 7625 of the General Code, and finds that the 
amount of the bond issue will not be sufficient to construct a school 
house which is^ necessary for the proper accomodation of the 
schools of the district, may, by complying again with these sections, 
issue additional bonds in an amount sufficient to produce the re- 
quired aggregate sum necessary to construct such building. Op. 
Atty. Gen. (1919), p. 816. 

Where a board of education acting under Section 7620 G. C. 
rents or leases rooms for temporary school purposes, such rooms do 
not constitute a school building within the meaning of Section 
7630-1 G. C. Op. Atty. Gen. (1919), p. 871. 

Where a single order of the department of inspection relates 
to the making of what constitute repairs and the installation of 
what constitute mere furnishings, bonds may be issued for the 
securing of the funds necessary to make the repairs or rebuilding 
under G. C. 7630-1 and if it is necessary to issue bonds for the 
purpose of procuring the furnishings and installing them, such 



ig6 



SCHOOL HOUSES AND LIBRARIES 



Maximum 
net indebted- 
ness in school 
district 6%. 



Net indebted- 
ness defined. 



action should be separately taken under G. C. Sec. 7625. Op. Atty. 
Gen., (1920), p. 826. 

Under G. C. 7630-1, mere equipment or furnishings for a 
school house, made necessary by the order of the department of 
inspection of public buildings in the industrial commission, cannot 
be made the basis of the issuance of bonds, the sinking fund levies 
on account of which may be exempted from all limitations, but in- 
stallation of such equipment as a heating system, a sanitary system, 
the removal of floor registers, new hardware on doors, provisions 
for cloak room and provision for additional means of egress, in 
volving as they do fundamental alterations of the building itself, 
are not to be classed as mere furnishings but as repairs and re- 
building within the meaning of the section cited. Op. Atty. Gen. 
(1920), p. 826. 

Section 7630-1, General Code, authorizes the board of educa- 
tion of a district, when such conditions exist in the district as to 
bring it within the purview of that section, upon the approval of 
the electors to issue bonds for the purpose of, (1) rebuilding a 
building destroyed or prohibited, (2) repairing a decayed, injured, 
dilapidated, partially destroyed or prohibited building, or, (3) con- 
structing a new building to accomodate the pupils of the entire 
district; and a board of education is authorized to issue the bonds 
in such an amount as will be required for either one or both of 
the first two alternatives, or in such an amount as will be required 
for the last alternative. County Board of Education v. Moorehead 
104 O. S. — Decided May 31, 1922. 

(The above decision, insofar as it relates to the "approval of 
the electors" no longer applies in view of the amendment of Sec. 
7630-1 made in 1921. — Ed.) 

See opinions of Attorney General (1914), p. 548, cited under 
Sec. 1032. 

Section 7630-2. The net indebtedness created or in- 
curred by any school district shall never exceed six per cent 
of the total value of all property in such school district as 
listed and assessed for taxation ; provided, however, that in 
the case of any school district whose net indebtedness at the 
time of the passage of this act exceeds said six per cent, 
such school district may, in addition to said six per cent, 
issue bonds under the authority of section 7625 General 
Code not exceeding in the aggregate an amount equal to one 
per cent of the total value of all property in such school dis- 
trict as levied and assessed for taxation and bonds under 
the authority of section 7629 of the General Code not ex- 
ceeding one-half of one percent of said total value. "Net 
indebtedness" for school districts shall be defined as pro- 
vided in section 3949, General Code, for municipalities. 
Bonds issued under the authority of section 7630-1 of the 
General Code for the replacement of condemned or de- 
stroyed schoolhouses as well as all classes of bonds which 
are in said section 3949 excluded from the calculation of 
the net indebtedness of municipalities shall, insofar as ap- 
plicable to school districts, be likewise excluded from the 
calculation of the net indebtedness of school districts. 

HISTORY.— 109 v. 343. 



Establishment 
of free public 
library. 



Section 7631. The board of education of any city, 
village, or rural school district, by resolution, may provide 
for the establishment, control and maintenance, in such dis- 
trict, of a public library, free to all the inhabitants thereof. 



SCllUUL HOUSES AND LIBI-IARIES 



297 



For that purpose, by purchase, it may acquire the necessary 
real property, and erect thereon a library building; acquire, 
by purchase or otherwise, from any other library associa- 
tion, its library property ; receive donations and bequests of. 
money or property for such library purposes, and maintain 
and support libraries now in existence and controlled by 
the board. 

HISTORY.— R. S. § 3&9S-1; 90 v. 8; 98 v. 244, § 1; 104 v. 225 (228). 

The library fund of a school district follows the school funds 
of such district with respect to a deposit of the same. Op. Atty. 
Gen. (1915), p. 2309. 

A board of library trustees of a village school district, 
appointed and created under the provisions of sections 7631 and 
7636 G. C., is unaffected by the change of the village school district 
to the city district upon the transition of a village to a city, and 
the members of such a board may lawfully continue to serve as 
trustees until the expiration of the respective terms of their 
appointment. Op. Atty. Gen. No. 3016, Apr. 21, 1922. 



[Contract 
with library 
corporation.] 



Section 7632. Such board of education annually may 
make a levy upon the taxable property of such school dis- 
trict, in addition to all other taxes allowed by law, of not to 
exceed one mill for a library fund, to be expended by the 
board, for the establishment, support and maintenance of 
such public library. 

HISTORY.— R. S. § 3998-1 ; 96 v. 8; 98 v. 244, § 1. 



Taxation. 



Section 7633. But w^hen a donation or bequest of 
money or property has been or is made to two or more 
school districts jointly, or jointly and severally for the pur- 
pose of establishing and maintaining such public library and 
the money so donated has been or may be expended in the 
purchase of a site or the erection of a library building there- 
on or both, the provisions of this subdivision shall apply. 
In such case the board of education of each of the districts 
annually may levy not exceeding one mill, in addition to all 
other taxes allowed by law, upon the taxable property of 
such school districts for the establishment, support and 
maintenance of such public library, and such library building 
may be located at a convenient place in either district. 

HISTORY.— R. S. § 3998-1; 96 v. 8; 98 v. 244, § 1; 107 v. 179. 



Libraries 
jointly ■owned 
by two or 
more school 
districts; tax 
levy. 



Section 7634. The control of such building and 
library and the expenditure of all moneys for the purchase 
of books and other purposes and the administration of the 
library shall be vested in a board of six trustees, three to be 
appointed by each of the boards of education for the term of 
five ye'irs. They must serve without compensation, and 
until their successors are appointed. In case of vacancy in 
the board, from refusal to serve, resignation or otherwise, it 
shall be filled by the boards of education of such district, 
for the unexpired term. 

HISTORY.— R. S. § .3f>98-l; 96 'v. 8; 98 v. 2ii, § 1. 



Board of 
trustees, ap- 
pointment, 
term. 



298 



SCHOOL HOUSES AND LIBRARIES 



Management SECTION 7635. The board of education may provide 

o?^ibi-ary.°^ for the management and control of such library by a board 
of trustees to be elected by it as herein provided. 



Library trus- 
tees, number 
and eligi- 
bility of. 



Powers of 
board. 



Powers 

library 

board. 



of 



Repair fund. 



HISTORY.— R. S. § 3998-2; 



8; 100 V. 16. 



A school district having a library building under control and 
management of a board of library trustees as provided in Sections 
7635 G. C. et seq., when such school district includes territory out- 
side of the limits of the city or village where such library building 
is situated, said board of library trustees is required to pay for 
water furnished the library by the municipal water system at the 
rate charged for school buildings under Section 3963 G. C.; and 
said library building is a building used in the educational activities 
of the district as an adjunct to the public school system. Op. Atty. 
Gen. No. 1840, Feb. 5, 1921. 

Section 7636. Such board of library trustees shall 
consist of seven members, who must be residents of the 
school district. No one shall be eligible to membership on 
such library board who is or has been for a year previous to 
his election, a member or ofHcer of the board of education. 
The term of office shall be seven years, except that at the 
first election the terms must be such that one member retires 
each year. Should a vacancy occur in the board, it shall be 
filled by the board of education for the unexpired term. The 
members of the library board must serve without compensa- 
tion and until their successors are elected and qualified. 

HISTORY.— R. S. § 3998-2; 96 v. 8; 100 v. 16. 

Section 7637. In its own name, such library board 
shall hold the title to and have the custody, and control of 
all libraries, branches, stations, reading rooms, of all library 
property, real and personal, of such school district, and of 
the expenditure of all moneys collected or received from 
any source for library purposes for such district. It may 
employ a librarian and assistants, but previous to such em- 
ployment their compensation shall be fixed. 

HISTORY.— R. S. § 3998-2; 96 v. 8; 100 v. 16. 

Section 7638. By a two-thirds vote of its members 
such library board may purchase or lease grounds and 
buildings, and erect buildings for library purposes. It also 
may appropriate land for library purposes if the owner and 
the board cannot agree upon terms, and dispose of land, 
when in its opinion, it is no longer needed for library pur- 
poses. Conveyances made by the board shall be executed in 
its name by its president and secretary. In the event any 
balance to the credit of the library fund shall remain in the 
treasury at the close of any fiscal year, such surplus or any 
part thereof may be set aside by a two-thirds vote of the 
members of the board as a special building and repair fund. 
It may accept any gift, devise or bequest for the benefit of 
such library. No member of the library board shall be in- 
terested, directly or indirectly, in any contract made by the 
board. It shall report annually in writing to the board of 
education. 



HISTORY.-R. s. § 



8; 101 V. 304. 



SCHOOL HOUSES AND LIBRARIES 



299 



A municipal corporation may transfer real or personal prop- 
erty, acquired or suitable for municipal purposes, to the trustees of 
a public library for the school district within which such municipal- 
ity is situated for an adequate consideration, upon such lawful 
terms and conditions as are agreed to between the municipal cor- 
poration and the library trustees. Cleveland vs. Library Board, 
94 O. S., 311. 

Section 7639. Such board of library trustees an- Tax' levy for 
nually, during the month of May, shall certify to the board Jj^^^T ''"'" 
of education the amount of money needed for increasing, 
maintaining and operating the library during the ensuing 
year in addition to the funds available therefor from other 
sources. The board of education annually shall levy a tax 
of not to exceed one and one-half mills for such library 
purposes, which tax shall be in addition to all other levies 
authorized by law, and subject to no limitation on tax rates 
except as herein provided. 

HISTORY.— R. S. § 3998-4; 96 v. 9, § 4; 101 v. 304; 109 v. 237. 

A city board of education cannot legally transfer funds from 
its treasury to the library fund, notwithstanding the budget com- 
mission failed to certify to the county auditor the proper levy for 
library purposes. Op. Atty. Gen.( 1920), p. 544. 

The board of education is not required by section 7639 G. C. 
to make a tax levy sufificient to realize the amount of money 
certified to it by the board of library trustees, but it may in a proper 
case raise that amount by taxation if it can be done by a levy not 
exceeding one and one-half mills. 

While the board of education may not arbitrarily refuse to 
levy a tax for library purposes when funds are needed, it has the 
power of finally deciding (1) the necessity for funds and (2) the 
amount that should be raised. And in making its decision the 
board should consider the certificate of the board of library trustees 
and treat it as making a prima facie case on both points. 

The board of education, in the exercise of a sound discretion, 
may either increase or decrease the amount named in the certificate 
of the board of library trustees, if upon investigation it appears 
that rsuch action is justified, subject, however, to the limitation 
that the tax levy to produce the amount shall not exceed one and 
one-half mills. 

When the tax levy of the board of education for library 
purposes^ does not exceed one and one-half mills, the county budget 
commissioners have no authority to reduce it. Op. Atty. Gen. No. 
3047, May 1, 1922. 

Section 7640. The proceeds of such tax will con- payments 
stitute a fund to be known and designated as the library J^^J library 
fund. Payments therefrom shall be made only upon the 
warrant of the library board of trustees, signed by the presi- 
dent and secretary thereof. 

HISTORY.— R. S. § 3998-4; 96 v. 9, § 4. 

The fund designated as the library fund under section 7640 
G. C. remains in the custody of the treasurer or depository of the 
board of education making the levy which creates said fund until 
it is expended by the board of library trustees. Op. Atty. Gen. 
(1916), p. 555. 

Section 7640-1. That all funds belonging to boards Deposits of 

of trustees of public libraries existing under sections 7635 f;"^^^^f ^^^^^' 

to 7640 of the General Code, shall be deposited in the man- depositones. 
ner and with depositories selected by such boards of trustees 



300 SCHOOL HOUSES AND LIBRARIES 

in the manner prescribed by sections 7604 to 7609, inclusive, 
of the General Code, for the selection of depositories and the 
deposit of funds of boards of education, and security there- 
for shall be given to boards of trustees of such libraries in 
the manner and the amount provided by said sections 7604 
to 7609, inclusive, of the General Code. 

HISTORY.— 107 V. 60i, § 1. 

Tax levy to SECTION 7641. The board of education in any city, 

H?'"Hb?ary"^ village, or rural school district may contract annually with 
any library corporation or other organization owning and 
maintaining a library or with any board of trustees ap- 
pointed by authority of law, having the management and 
control of a library, for the use of such library by the resi- 
dents of such district. Such board of education shall re- 
quire an annual report in writing from such library corpora- 
tion or other organization or board of trustees. 

HISTORY.— R. S. § 3998-5; 90 v. 9, § p; 101 v. 298; 104 v. 225 (228). 

A levy of one mill by the board of education imposed an- 
nually for the purpose of reimbursing a library association for 
serv^ices to the public in pursuance of a contract between the board 
and the association, is within the interior limitations of the Smith 
law and is not a levy for sinking fund and interest purposes neces- 
sary to provide for indebtedness created prior to the passage of the 
Smith law. 

The obligation which rests upon the board is not an indebted- 
ness within the meaning of the statute nor is there an "impairment 
of the obligation of contract" in the effect of the Smith law upon 
said procedures. Op. Atty. Gen. (1912), p. 1578. 

School library Section 7642. The board of education of any school 

^ded ^^ ^''°' district of the state, in which there is not a public library 
operated under public authority and free to all the residents 
of such district annually may appropriate not to exceed two 
hundred and fifty dollars from its contingent fund for the 
purchase of books, other than school books, for the use and 
improvement of the teachers and pupils of such school dis- 
trict. And whenever the board of education of such district 
receives donations or bequests for the purposes aforesaid 
the board of education shall appropriate from its tuition or 
contingent funds or both a like amount, but not to exceed 
one hundred dollars in any one year for any particular 
school in such district. The books so purchased shall con- 
stitute a school library, the control and management of 
which shall be vested in the 'board of education, which may 
receive donations and bequests of money or property there- 
for. 

HISTORY.— R. S. § 3998-6; 96 v. 9, § 6; 1C8 v. Pt. I 613. 

Museum. Section 7643. The board of education of any school 

district, or board of trustees managing and controlling a 
library in any school district, may found and maintain a 
museum in connection with and as an adjunct to sucK 
li1)rary, and for such purpose may receive bequests and do- 
nations of money or other property. 

HISTORY.— R. S. § 3998-7; 96 v. 9, § 7. 



Submission of 
ion. 



SCHOOL HOUSES AND LIBRARIES 3OI 

Section 7643-1. A county library district may be county library 
created in any county, composed of territory therein in which ^If^l^^' ^^^ 
free Hbrary service is not furnished to all of its citizens, 
in the manner hereinafter provided. Upon the filing of a 
petition in the probate court of the county, signed by not less 
than twenty-five per cent of the electors residing in the 
territory comprising the proposed district, specifically de- 
scribing the territory in such proposed district 'by metes and 
bounds and accompanied by a map or plat showing the 
boundaries thereof, or in case such proposed district is com- 
posed of entire townships, school districts, or municipalities, 
the proper name of each such subdivision, the probate judge 
shall fix a day for the hearing thereof not more than thirty 
days after the filing of such petition. If the probate judge 
finds the territory of such proposed district sufficiently de 
scribed and the boundaries thereof accurately designated he quest 
shall certify such fact to the deputy state supervisors of 
elections of the county, who shall sulDmit the question of the 
creation of such county library district to the electors resid- 
ing in the territory comprising such proposed district and 
shall place the 5ame on the ballot at the next regular or 
general election. If a majority of the electors voting upon 
such proposition vote in the affirmative, such district shall 
be deemed and held to have been created. 

HISTORY.-109 V. 351. 

Section ^64^2. The management of the county county library 
library district service shall be vested in a board of five district trus- 
county library district trustees, two appointed by the com- ment,^ter°m" 
mon pleas judge or judges and three by the commissioners 
of the county; the two for one and four years respectively, 
and the three for two, three and five years respectively. 
Thereafter, all trustees shall be appointed for five year 
terms and vacancies for unexpired terms filled by the same 
appointing powers. 

HISTORY.— 109 V. 351. 

Section 7643-3. Such board shall levy annually for ^^^ j^^^^ 
district library purposes a tax on all the taxable property of 
the county library district of not less than two-tenths of a 
mill nor more than one mill. 

HISTORY.— 109 V. 351. 

Section 7643-4. Any subdivision of a county main- 
taining a free public library open to all the citizens within ?o"unty^^ma"in°^ 
its limits may, by resolution adopted and entered upon the puj/k^ iib?a^r 
minutes of its board of trustees or other governing body may become 
and filed with the trustees of the county library district, tr1ct;Vo-^ 
become a part of a county library district and be subject to cedure. 
all the provisions of this act applying thereto; provided, that 
on petition of not less than fifty electors residing in such 
subdivision, filed with the deputy state supervisors of elec- 
tions or deputy state supervisors and inspectors of elections, 
as the case may be, not less than sixty days before the next 



302 



SCHOOL HOUSES AND LIBRARIES 



general election, the question of becoming a part of the 
county library district shall be submitted to the electors of 
such subdivision and if a majority of those voting thereon 
shall vote in the affirmative, such subdivision shall become a 
part of such county district. 

HISTORY.-109 V. 351. 



Contract with 
governing 
bodies of li- 
braries for 
free use of, 
by district. 



Service may 
be furnished 
to other 
county dis- 
tricts. 



Section 7643-5. The county library district trustees 
may contract with the governing body or bodies of one or 
more libraries within the county, and such governing body 
or bodies shall have the power to enter into a contract for 
the free use of such library or libraries by the people of the 
county library district. If the county library district 
trustees contract for library service with more than one 
library, the county library district may be divided for such 
service. Such contract or contracts shall contain such pro- 
visions as shall best subserve the purpose of giving the peo- 
ple of the county library district the advantages of efficient 
library service. The county library district trustees of a 
county may contract to furnish library service to another 
county library district, or to other county library districts, 
and the trustees of such other county library district or dis- 
tricts shall have the power to enter into such contract. Con- 
tracts as provided in this section may be terminated by 
mutual agreement, or by either of the two contracting parties 
on giving six months' notice before the beginning of the 
next ensuing tax year, or by the failure of the county 
library district trustees to make the necessary levy. 

HISTORY.— 109 V. 352. 



Powers and 
duties of 
trustees, 
expense!. 



Section 7643-6. The county library district trustees 
shall serve without compensation, but their necessary ex- 
penses shall be allowed and paid out of the county district 
library fund. They shall have power to receive bequests or 
gifts of real or personal property, or of money ; to purchase, 
lease or dispose of grounds and buildings; to construct 
buildings and to furnish, equip and 'maintain the same for 
library purposes. They shall render an efficient library 
service in their respective districts. They shall submit an 
annual report of service, statistics and finances to the county 
commissioners and the state director of library service in 
such form as shall be required by the latter. They shall 
draw up annually a budget, showing in detail the purposes 
for which it is proposed the money be expended during the 
succeeding year, and certify same to the budget commission, 
which amount shall be allowed by the budget commission in 
addition to all other levies, provided such amount shall be 
within the limits as set forth in section three. 

HISTORY.— 1(19 V. 352. 



Deposit 
and use of 
moneys, fund. 



Section 7643-7. All moneys realized from the levy 
made for the county library district under the provisions of 
this act, including interest on all library funds, and all 
moneys received or collected by said trustees for the library 



SCHOOL HOUSES AND LIBRARIES 



303 



district, shall be placed in the treasury of such county, sub- 
ject to the order of such board of trustees of such library 
district. Such fund shall be known as the county library 
district fund of such county, of which the county treasurer 
shall be custodian ; and no money shall be drawn therefrom, 
except upon the requisition of the board of trustees of such 
library district, certified by the president and secretary of 
such board, directed to the county auditor, who shall draw 
his warrant upon the county treasurer therefor. Any part 
of said funds unexpended during any year shall remain to 
the credit of such library district fund. 

HISTORY.— 109 V. 352. 

Section 7643-8. The librarians of the two public 
libraries of largest circulation in the state, the director of 
state library service, and two persons representing rural 
library work and chosen by the state library commission 
shall constitute a state board of library examiners. The 
members chosen by the state library comm'ssion shall serve 
one for two and the other for four years, and their suc- 
cessors, appointed by the same authority, shall serve for a 
term of four years. Such boards shall examine applicants 
for the position of county district librarian. The members 
shall receive no compensation but their necessary expenses 
shall be paid from the appropriation for the state board of 
library commissioners on the warrant of that body. They 
may adopt rules and regulations for the government of the 
board and for carrying out the provisions of this section. 
No person who has not received a certificate of qualification 
from the state board of library examiners shall be employed 
as librarian in charge of any county library district. The 
county librarian and his assistants shall be appointed and 
their salaries fixed by the county library district trustees, 
and ^hall also be allowed necessary traveling expenses in- 
curred on the business of the library within the county, 
upon approval of the county library district trustees, and in 
addition, the county librarian shall attend and take part in 
an annual state convention of county librarians, for which 
railroad expenses shall be allowed out of the county library 
district fund. 

HISTORY.— 109 V. 353. 



Board of li- 
brary examin- 
ers; how com- 
posed; term 
of office; 
duties. 



Section 7643-9. The words "the beginning of the next Definition 
ensuing tax year" shall mean the day upon which taxes 
upon real estate become a lien. 

history.— 109 V. 353. 



Section 3707. When any lot or lots of land lying Exchange ot 
within the limits of a municipality have been dedicated, s2hoo/°pur- 
given or granted thereto, and set apart for the use and sup- poses. 
port of schools, on application of the mayor or council 
thereof, the court of common pleas may authorize an ex- 
change of such lot or lots for such other lot or lots within 
the limits of such municipality as the interest of the schools 



304 



SCHOOL HOUSES AND LIBRARIES 



therein require. All lots so taken in exchange, shall be held 
for the same purposes and subject to the same conditions as 
the original lots. 

HISTORY.— R. S. § 2675-1; Bates, § 1536-121; 70 v. 193, § 1. 



Petition, 
what shall 
contain. 



Section 3708. Each application for such exchange of 
lots shall be by petition verified by the mayor. The board 
of education of the municipality and such other persons as 
the court orders shall be made party defendants. The peti- 
ti n shall set forth an accurate description of each lot pro- 
posed to be given or taken in exchange, the specific circum- 
stances which render the exchange necessary, and a prayer 
for such order as may be required. 

HISTORY.— R. S. § ,2675-2; Bates, § 1536-122; 70 v. 193, § 2. 



Notice of 
petition to be 
published. 



Section 3709. Notice of the filing, pendency, and 
prayer of the petition shall be published for four consecu- 
tive weeks, prior to the day of hearing, in a newspaper 
printed in such municipality, or if there is none, in a news- 
paper printed in the county, and of general circulation in 
such municipality. 

HISTORY.— R. S. § 2675-3; Bates, § 1536-123; 70 v. 193, § 3. 



Hearing 
order. 



Transfer of 
property to 
library trus- 
tees. 



Trustees may 
accept such 
or other suit- 
able property. 



Section 3710. If upon the hearing of the petition it 
appears to the court that notice of the filing, pendency, and 
prayer thereof has been so given, and that such exchange of 
lots is necessary and will promote the interests of such 
schools, and that such an order would not be inconsistent 
with the terms and conditions of the original grant or devise, 
the court shall authorize the exchange to be made, and order 
the mayor of the municipality to execute and deliver such 
deed or deeds in fee simple, as are necessary to effect the 
exchange. 

HISTORY.— R. S. § 2675-4; Bates, § 1536-12i; 70 v. 193, § 4. 

Section 371 i. A municipal corporation may transfer 
by ordinance duly passed, any property, real or personal, ac- 
quired or suitable for library purposes, to the trustees of 
any public library for the school district within which such 
municipal corporation is situated, upon such lawful terms 
and conditions as are agreed to between the municipal cor- 
poration and trustees. 

HISTORY.— 97 V. 133, § 1; Bates, § 1536-124a. 

Section 3712. "The trustees of a public library in such 
district may receive and accept such transfer, and receive 
and accept from any other source or acquire in any other 
manner, any property, real or personal, for library purposes, 
and use and apply it for such purposes, and enter into any 
contract relating thereto. 

HISTORY.— 97 V. 133, § 2; Bates, § 1536-124b. 



SCHOOL J10USi:S AND LIBRARIES 



305 



Section 4065-1. That the council or other legislative 
authority of any city, village, or the county commissioners 
of any county, may designate and set apart for use as play- 
grounds, playfields, gymnasiums, public baths, swimming 
pools, or indoors recreation centers, any lands or buildings 
owned by any such city, village or county, and not dedicated 
or devoted to other public use. Such city, village or county 
may, in such manner as may be authorized or provided by 
law for the acquisition of land or buildings for public pur- 
poses in such city, village or county, acquire lands or build- 
ings therein for use as playgrounds, playfields, gymnasiums, 
public baths, swimming pools or indoor recreation centers. 

HISTORY.— 109 V. 609. 

Section 4065-2. The authority to supervise and main- 
tain playgrounds, playfields, gymnasiums, public baths, 
swimming pools or indoor recreation centers, may be 
vested in any existing body or board, or in a recreation 
board, as the city or village. council or the county commis- 
sioners shall determine. The local authorities of any such 
city, village or county, may equip, operate and maintain, the 
playgrounds, playfields, gymnasiums, swimming pools, pub- 
lic baths or indoor recreation centers, as authorized by this 
act. Such local authorities may, for the purpose of carry- 
ing out the provisions of this act, employ play leaders, 
recreation directors, supervisors, superintendents or any 
other officers or employes as they deem proper. 

HISTORY.— 109 V. 609. 

Section 4065-3. If the city or village council shall de- 
termine that the power to equip, operate, and maintain play- 
grounds, playfields, gymnasiums, public baths, swimming 
pools, or recreation centers, shall be exercised by a recrea- 
tion board, they may establish in said city or village, such 
recreation board which shall possess all the powers and be 
subject to all the responsibilities of the respective local 
authorities under this act. Such board when established 
shall consist of five persons and two of the members shall 
be members of the board of education of the city or village 
school district. The board shall be appointed by the mayor 
of such city or village, and shall serve for terms of five 
years, or until their successors are appointed, except that 
the members of such board first appointed shall be ap- 
pointed for such terms that the term of one member shall 
expire annually thereafter. Members of such board shall 
serve without pay. Vacancies in such board, occurring 
otherwise than by expiration of term, shall be for the un- 
expired term and shall be filled in the same manner as orig- 
inal appointments. 

HISTORY.— 109 V. 610. 



Cities, vil- 
lages and 
counties may 
maintain and 
operate, 
playgrounds, 
gymnasiums, 
public baths, 
recreation 
centers. 



Supervision 
and mainte- 
nance vested 
in whom ; 
employment 
of leaders, 
etc. 



Recreation 
board, pow- 
ers and 
duties 
vacancy. 



20 



S. L. 



3o6 



SCHOOL HOUSES AND LIBRARIES 



OrganizaUon SECTION 4065-4. The members of a recreation board 

of board. established pursuant to this act shall elect their own chair- 
man and secretary, and select all other necessary officers to 
serve for a period of one year, and may employ such per- 
sons as may be needed. As authorized by this act, such 
board shallhave power to adopt rules and regulations for 
the conduct of all business within its jurisdiction. 

HISTORY.-109 V. 610. 

Joint acquisi- SECTION 4065-5. Any two or more cities or villages, 

SnteSance. ^^ ^^Y ^^^Y ^^ village, or any city or village and county, may 
jointly acquire property for and operate and maintain any 
playgrounds, playfields, gymnasiums, public baths, swim- 
ming pools, or indoor recreation centers. Any school dis- 
trict shall have power to join with any city, village or 
county, in equipping, operating and maintaining play- 
grounds, playfields, gymnasiums, public baths, swimming 
pools, and indoor recreation centers, and may appropriate 
money therefor. 

HISTORY.— 109 V. 610. 



Bond issue 
authorized. 



How ex- 
penses paid. 



Section 4065-6. The city or village council, or the 
county commissioners, may issue bonds for the purpose of 
acquiring lands or buildings for playgrounds, playfields, 
gymnasiums, swimming pools, public baths, or indoor 
recreation centers, and for the equipment thereof. 

HISTORY.-109 V. 610. 

Section 4065-7. All expenses incurred in the opera- 
tion of such playgrounds, playfields, gymnasiums, swim- 
ming pools, public baths, and indoor recreation centers, 
established as herein provided, shall be payable from the 
treasury of such city, village, county or school district. The 
local authorities of such city, village, county or school dis- 
trict, having power to appropriate money therein, may an- 
nually appropriate and cause to be raised by taxation an 
amount for the purpose of maintaining and operating play- 
grounds, playfields, gymnasiums, public baths, swimming 
pools and recreation centers. 

HISTORY.— 109 V. 610. 



CHAPTER i8 
STATE BUILDING CODE APPLICABLE TO SCHOOL BUILDINGS 



Section 

1031. Inspector of schoolhouses and 

other buildings. 

1032. Written report of district inspec- 

tor. 

1033. Copy of notice to mayor or prose- 

cuting attorney. 

1034. Owner or agent shall comply with 

notice. 

1035. Approval of plans. 

1036. Penalty. 

1037. Penalty. 

4648. Examination of public buildings as 

to safety in case of fire. 

4649. Certificate of safety. 

4650. Re-examination in case of change 

in building. 
4657. When inspections to be made; in- 

spectors to have access to build- 
ings. 

12600-44. What buildings included in term 
school buildings; grades A & B. 

12600-45. Class of construction required on 
grade A and grade B buildings. 

126C0-45a. Addition to school building exempt 
from provisions of 12600-45. 

12600-46. Amount of exposure required. Re- 
quirements as to courts. 

12600-47. When fire wall between sub-divi- 
sions of building required. 

12600-48. Requirements as to hot water and 
steam boilers. 

13600-49. School rooms to be above grade 
line; exceptions. 

12600-50. Dimensions of school and class- 
rooms. 

12600-51. Requirements as to rest-rooms. 

12600-52. Required location of assembly halls. 



Section 

12600-53. 

12600^4. 

12600-55. 

12600-56. 

12600-57. 

12600-58. 
12600-59. 
12600-60. 

12600-61. 
126C0-62. 
12600-63. 
12600-64. 

12600-65. 

12600-^6. 

12600-^7. 

12600-68, 

12600-69. 

12600-70. 
13600-274. 



12600-279. 
12600-281. 



Width of aisles required. 

Requirements as to windows and 
light. 

Requirements as to entrance, exits 
and communicating doors. 

Requirements with respect to stair- 
ways. 

Requirements as to gradients be- 
tween different floor levels. 

Passage ways. 

Elevators. 

Requirements as to exit doors and 
windows; dimensions. 

Scuttles. 

Floors of toilet rooms. 

Floor and roof loads. 

Requirements as to heating and 
ventilation. 

Requirements as to sanitation, 
drinking fountains, sinks, clos- 
ets, ertc. 

Requirements as to gas burners and 
lighting. 

Requirements as to electric lighting 
and wiring. 

Requirements as to door locks, 
knobs, levers, etc. 

Fire extinguishers and hose to be 
provided. 

Fire alarm gong and connections. 

Unlawful to construct school build- 
ing otherwise than provided in 
act; exceptions as to repairs. 

Penalty for violation of act. 

Specific officers' duty to enforce 
act. 



Section 103 i. The chief inspector of workshops and 
factories shall cause to be inspected all schoolhouses, col- 
leges, opera houses, halls, theatres, churches, infimaries, 
children's homes, hospitals, medical institutes, asylums and 
other buildings used for the assemblage or betterment of 
people in the state. Such inspection shall be made with 
special reference to precautions for the prevention of fires, 
the provision of fire escapes, exits, emergency exits, hall- 
ways, air-space, and such other matters which relate to the 
health and safety of those occupying, or assembled in, such 
structures. 

HISTORY.— 99 v. 232, § 1. 

The specification of such appliances, additions or alterations 
as are necessary for the proper protection of school children from 
fire and other dangers, and the requirement that such appliances be 
installed, is not a provision for the taking of property without due 
process of law, but is a mere requirement that such property be 
used in a lawful way, and such a provision is a constitutional and 
valid enactment. Closing school and other buildings pending the 
installation of such appliances is within the police power of the 
state, and the duty of determining what appliances shall be installed 
may properly be delegated as in this act, leaving the details to be 
worked out by the officers so delegated. A board of education, 

(307) 



Inspection of 
schoolhouses 
and other 
buildings. 



308 STATE BUILDING CODE APPLICABLE TO SCHOOL BUILDINGS 

however, would have capacity to enjoin oppressive and arbitrary 
acts whereby school houses are closed and children deprived of the 
advantages of the public schools; Akron Board of Education v. 
Sawyer, 7 O. N. P. (N. S.), 401, 19 O. D. (N. P.), 1. 

Where the use of another fixture, device or construction is 
desired which is at variance with what is described in the state 
building code, the department of industrial relations has authority 
to receive and examine plans, specifications and details relative 
thereto ; and if after such examination said department finds that 
the fixture, device or construction proposed answers to all intents 
and purposes the fixture, device or construction described in the 
state building code, said department then has the authority to ap- 
prove the proposed fixture, device or construction. Op. Atty. Gen. 
No. 2690, Dec. 14, 1921. 

The act of April 28, 1908 (99 O. L. 232), enlarging the duties 
of the chief inspector of workshops and factories by requiring in- 
spection of school houses and other places of public assemblage, 
and authorizing him where means for safe and speedy egress are 
insufficient, to specify such appliances, conditions or alterations as 
are necessary to insure proper protection and require that they be 
installed, is not a provision for the taking of property without due 
process of law but is a mere requirement that such property be used 
in a lawful way, and is a constitutional and valid enactment. 

The provision of this act which authorizes the closing of school 
houses and other public buildings pending the installation of such 
appliances for protection against fire as the chief inspector of work- 
shops may have ordered, is not in excess of the police powers of 
the state. 

The duty of determining what appliances and alterations are 
necessary for protection and safety of persons against danger from 
fire in public buildings and school houses may properly be delegated 
to inspectors as prescribed in this act ; and the fact that details as 
to such inspection are not fixed, but are left to be worked out by 
the administrative officers does not invalidate the act. 

While the right is not open to a state agency, as it may be 
to a private property owner, to claim exemption from the operation 
of an act prescribing the duties to be performed by another state 
agenc}-, yet a board of education would have the capacity to bring 
suit to enjoin oppressive and arbitrary acts whereby school houses 
are closed and school children deprived of the advantages of the 
public schools. Board of Education v. Sawyer, 7 O. N. P., N. S. 
p. 401. 

Written re- SECTION 1032. Upoti inspection of such structure, the 

trTct *fnspS:~ district inspcctor of workshops and factories shall file with 
tor. the chief inspector a written report of the condition thereof. 

If it is found that necessary precautions for the prevention 
of fire or other disaster have not been taken or that means 
for the safe and speedy egress of persons assembled therein 
have not been provided, such report shall specify what ap- 
pliances, additions or alterations are necessary therefor. 
Thereupon the chief inspector shall notify in writing the 
owner or persons having control of such structure of the 
necessary appliances, additions or alterations to be added to 
or made in such structure. 

HISTORY.— 09 V. -232, § 2. 

Where the inspector of workshops and factories prohibits the 
use of a school house until certain repairs are made, but the board 
of education decides to erect a new school building instead, and the 
electors vote for a $25,000 bond issue for the construction thereof 
but cannot levy sufficient taxes to pay bonds and maintain school, 
there would be an emergency within the meaning of section 5649-4, 



STATE BUILDING CODE APPLICABLE TO SCHOOL BUILDINGS 



309 



General Code, and the necessary taxes for the retirement of bonds 
required for the purpose might be levied outside of all limitations 
of law. Op. Atty. Gen. (1914), p. 548. 

Section 1033. If such structure is located in a mu- 
nicipality, a copy of such notice shall be mailed to the mayor 
thereof, otherwise such notice shall be mailed to the prose- 
cuting attorney of such county. Thereupon the mayor with 
the aid of the police or the prosecuting attorney with 
the aid of the sheriff, as the case may be, shall prevent the 
use of 'such structure for public assemblage until the ap- 
pliances, additions or alterations required by such notice 
have been added to or made in such structure. 



Copy of 
notice to 
mayor or 
prosecuting 
attorney. 



HISTOltY.- 



233, § 3. 



Owner or 
agent shall 
cornply with 
notice. 



Approval of 
plans. 



Section 1034. Upon receipt of such notice, the owner 
or person in control of such structure shall comply with 
every detail embodied therein, and upon completion thereof 
report such fact in writing to the chief inspector of work- 
shops and factories and to such mayor or prosecuting at- 
torney. 

HISTORY.— 99 V. 233, § i. 

Section 1035. The plans for the erection of such 
structure, and for any alterations in or additions to any such 
structure, shall be approved by the inspector of workshops 
and factories, except in municipalities having regularly or- 
ganized building inspection departments, in which case the 
plans shall be approved by such department. 

HISTORY.— 99 V. 233, § 5. 

-Section 1036. Whoever, being an architect, builder or Penalty, 
other person, alters the plans so approved or fails to con- 
struct or alter a building in accordance with such plans 
without the consent of the department that approved them, 
shall be fined not less than five hundred dollars nor more 
than one thousand dollars or imprisoned in the county jail 
not less than thirty days nor more than one year, or both. 

HISTORY.— 99 V. 233, § 6. 

Section 1037. Whoever, being a person, firm or cor- 
poration or member of a board, and being the owner or in 
control of any building mentioned in section ten hundred 
and thirty-one of this chapter, uses or permits the use of 
such building in violation of any order prohibiting its use 
issued as provided by law, or fails to comply with an order 
so issued relating to the change, improvement or repair of 
such building shall be fined not less than ten dollars, nor 
more than one hundred dollars, and each day that such use 
or failure continues shall constitute a separate offense. 

HISTORY.— 99 V. 23i, § 9. 

Section 4648. On application of the owner or person 
having control of any opera-house, hall, theatre, church, 
schoolhouse, college, academy, seminary, infirmary, sani- 
tarium, children's home, hospital, medical institute, asylum. 



Penalty. 



Examination 
of public 
buildings as 
to safety in 
case of fire. 



310 



STATE BUILDING CODE APPLICABLE TO SCHOOL BUILDINGS 



Certificate 
of safety. 



Re-examina- 
tion in case 
of change in 
building. 



When in- 
spections to 
be made; in- 
spector to 
have access 
to buildings. 



or other buildings used for the assemblages or betterment of 
people in a municipal corporation, the mayor, civil engineer, 
and chief engineer of the fire department shall carefully 
make a joint examination thereof to ascertain the means pro- 
vided for the speedy and safe egress of persons at any time 
there assembled, and for extinguishing fire at or in such 
place. If the corporation has no such engineer, the mayor 
and two members of council shall make such examination. 



HISTORY. 
§ 1; S. & S. 6a 



-R. S. § 2568; Bates, § 1536-308; 62 v. 
90 V. 3. 



§ 3; 74 V. 61, 



The act of April 28, 1908, (99 O. L., 232), [G. C §§1031 and 
1032], enlarging the duties of the chief inspector of workshops and 
factories by requiring inspection of school houses and other places 
of public assemblage, and authorizing him where means for safe and 
speedy egress are insufficient to specify such appliances, additions 
or alterations as are necessary to insure proper protection and re- 
quire that they be installed, is not a provision for the taking of 
property without due process of law but is a mere requirement that 
such property be used in a lawful way and is a constitutional and 
valid enactment: Board of Education vs. Sawyer, 7 O. N. P. (N. 
S.), 401. 

Section 4649. Upon such examination, if it is found 
that such building is abundantly provided with means for 
speedy and safe egress of such persons, and, if above the 
first floor, that it is provided therein with water or other 
equally efficient agency, and proper means to apply it, so 
that fire at such place can be immediately extinguished, or 
if the assembly rooms of such church are situated upon the 
ground floor, with a sufficient number of low windows, in 
their opinion, provided for, to secure safe and easy means 
of escape in case of alarm, they or a majority of them, shall 
issue to such owner or person having control, a certificate 
of the fact, which shall continue in force one year, unless 
sooner revoked by council. 

S. §§ 2568, 2569; Bates, §§ 1536-308, 1536-309; 62 v. 



HISTORY.— R. 
S. & S. 636. 



139. 



Section 4650. If a change or alteration is made in 
such building, the owner or person having charge of it shall 
notify the mayor of the fact, who shall cause to be made a 
re-examination in all respects like that provided for in the 
preceding section, and if upon such examination such owner, 
or person having control, is entitled to such certificate, it 
shall be issued to him, with like effect. 

HISTORY.— R. S. § 2570; Bates, § 1536-310; 62 v. 139, § 3; S. & S. 636 

Section 4657. The chief inspector of workshops and 
factories, or his district inspectors, shall make inspections of 
buildings named in the first section of this chapter, as often 
as he deems necessary, or upon the written demand of the 
agent or owner of such structures, or upon the written re- 
quest of five or more citizens of the municipal corporation, 
county or township in which such structure is located ; and 
they shall have access to such buildings at any time it is 
deemed necessary to inspect them. 

HISTORY.— R. S. § 2572b; Bates, § 1536-314; 93 v. 35; 92 v. 409; 87 >. 
279; 86 v. 46, 47. 



STATE BUILDING CODii: APPLICABLE TO SCHOOL BUILDINGS 



311 



Section 12600-44. Classification. Under the classi- 
fication of school buildings are included all public, parochial 
and private schools, colleges, academies, seminaries, li- 
braries, museums and art galleries, including all buildings 
or structures containing one or more rooms used for the 
assembling of persons for the purpose of acquiring, knowl- 
edge, or for mental training. 

Grade A. Under this grade are included all rooms or 
buildings appropriated to the use of primary, grammar or 
high schools, including all rooms or buildings used for school 
purposes by pupils or students eighteen (18) years old or 
less. 

Grade B. Under this grade are included all rooms or 
buildings appropriated to the use of schools, colleges, 
academies, seminaries, libraries, museums, and art galleries ; 
including all rooms or buildings not included under grade 

history.— 102 V. 586, § 1 (619). 

Section 12600-45. Class of construction required. 
Grade A. Where the main first floor line is eight (8) feet 
or more above the grade line at any entrance to or exit from 
any story above the basement, the basement shall be rated 
as the first story. Stories over fifteen (15) feet high, meas- 
uring from the floor to the ceiling line shall be rated as tv^o 
stories. All buildings more than two stories high shall be of 
fireproof construction. 

All buildings two stories high and less shall be of fire- 
proof or composite construction. 

No school building of grade A shall be built more than 
three (3) stories high. 

Grade B. Where any floor level is more than twenty- 
six (26) feet above the grade line at any entrance to or exit 
from the building, the building shall be of fireproof con- 
struction. 

Where the floor levels are less than twenty-six {26) 
feet above the grade line at any entrance to or exit from the 
building, the building shall be of composite or fireproof con- 
struction. 

No school building of grade B shall be built more than 
five (5) stories high, nor shall the topmost floor level be 
more than fifty (50) feet above the grade line at any en- 
trance to or exit from the building. 

Provided, however, that this provision as to the number 
of stories and the height of the topmost floor level, shall not 
apply to libraries in buildings of fireproof construction 
throughout. 

Grades A and B. Exceptions. All buildings one story 
high, without basement and with the floor line not more than 
four (4) feet above the grade line shall be of fireproof, com- 
posite, or frame construction, providing when built of frame 
construction the same is erected thirty (30) feet away from 
any other building structure or lot line, and two hundred 
(200) feet beyond the city fire limits. 

HISTORY.— 102 V. 586, § 2 (620); 103 v, 860, S 2. 



[Classifica- 
tion.] 



Class of con- 
struction re- 
quired. 



312 



STATE BUILDING CODE APPLICABLE TO SCHOOL BUILDINGS 



Addition to 
school build- 
ing exempt 
from provi- 
sions of 
12,600-45. 



[Exposure 
and courts.] 



Definitions. 



Inner light 
courts per- 
mitted. 



[Subdivisions 
and fire 
stops.] 



Fire wall be- 
tween sub- 
divisions. 



Section i26oo-45a. None of the provisions of section 
12600-45 of the General Code shall prevent the construction 
of an addition to any school building two stories high or 
less; such addition to be of the same construction and ma- 
terial as the original building whether it be of fireproof, 
composite or frame construction. Not more than one ad- 
dition shall ever be added to any school building under 
the provisions of this section and the lower floor space 
of such addition shall in no case exceed twelve hundred 
square feet. 

HISTORY.-104 v. 177. 

Section 12600-46. Exposure and Courts. Exposure. 
No building of grade B shall occupy more than ninety-five 
(95) P^^ cent of a corner lot nor more than ninety (90) per 
cent of an interior lot or site. 

No building of grade A shall occupy more than seventy- 
five (75) per cent of a corner lot nor more than seventy 
(70) per cent of an interior lot or site. The measurements 
being taken at the lowest tier of floor joists. 

No wall of any building coming under this classification 
containing windows used for lighting school or class rooms 
shall be placed nearer any opposite building, structure or 
property line than thirty (30) feet. 

Courts. By inner court is meant an open shaft or 
court, surrounded on all sides by walls. 

By recess court is meant an open air shaft or court, 
having one side or end opened, and when such opening is on 
a lot line, it is an inner court. 

Recess or inner light courts may be used, providing the 
least distance between any two opposite w^alls containing 
windows for lighting class and school rooms is equal to the 
height from the low^est window sill to the top of the highest 
cornice or fire wall. All walls to inner or recess courts shall 
be of masonry or other fireproof construction (except for 
buildings of frame construction). 

No inner or recess court shall be covered by a roof, 
skylight, or other obstruction. 

If area ways are used for lighting basements, the width 
of the area shall be not less than equal to the height from 
the lowest window sill to the top of the adjoining grade line. 

HISTORY.— 102 v. 586, § 3 (620). 

Section 12600-47. Sub-divisions and Fire Stops. 
Buildings of this classification built in connection with a 
building of a lower grade of construction, shall be separated 
from the other parts of the building by a standard fire wall, 
and all communicating openings in these walls shall be cov- 
ered by double standard fire doors, using self closing door 
on one side of the wall and an automatic fire door or an 
automatic rolling steel shutter on the other. The automatic 
shutters or doors for openings used as a means of ingress 
or egress shall be kept open during the occupancy of the 
building. 



STATE BUILDING CODE APPLICABLE TO SCHOOL BUILDINGS 



313 



All rooms or apartments used for general storage, 
storing of furniture, carpenter shops, general repairing, 
paint shops or other equally hazardous purposes shall be 
constructed with fireproof walls, ceilings and floors, and all 
openings between these rooms or apartments and the other 
parts of the building shall be covered by double standard 
fire doors, using a self closing door on one side of the wall 
and an automatic fire door or an automatic rolling steel 
shutter on the other. 

No open walls communicating between any two stories 
shall be used, except the necessary stair and elevator walls. 

All exterior and court walls of buildings coming under 
this classification (except buildings of frame construction) 
within thirty (30) feet of any other building, structure or 
lot line shall be provided with the f olowing fire stops, viz : 

Walls shall be standard fire walls ; 

All windows shall be automatic standard fireproof win- 
dows, and all door openings shall be covered by standard 
hinged fire doors without any automatic attachments. 

HISTORY.-I02 V. 5S6, § 4^ (621). 

Section 12600-48. Heater Room. Furnaces, hot 
water heating boilers and low pressure steam boilers may be 
located in the building, providing the heating apparatus, 
breeching, fuel room and firing room are inclosed in a 
standard fireproof heater room, and all openings into the 
same are covered by standard self closing fire doors. 

No boiler or furnace shall be located under any lobby, 
exit, stairway or corridor. 

- No cast iron boiler carrying more than 10 pounds pres- 
sure or steel boiler carrying more than 35 pounds pressure 
shall be located within the main walls of any school building. 

HISTORY.— 1C2 V. 5g6, § 5 (622). 



Section 12600-49. Basement Rooms. No rooms used 
for school purposes shall be placed wholly or partly below 
the grade line. Rooms for domestic science, manual train- 
ing and recreation may be placed partly below grade, pro- 
vided the same are properl}^ lighted, heated and ventilated. 

HISTORY-— 102 V. c86, § 6 (622). 

Section 12600-50. Dimensions of School and Class 
Rooms. Floor Space. The minimum floor space to be al- 
lowed per person, in school and class rooms, shall not be less 
than the following, viz : 

Primary grades sixteen (16) square feet per person. 

Grammar grades eighteen (18) square feet per person. 

High schools twenty (20) square feet per person. 

All other schools and class rooms twenty- four (24) 
square feet per person. 

Cubical Contents. The gross cubical contents of 
each school and class room, shall be of such a size as to 
provide for each pupil or person not less than the following 



[Heater 
room] ; 
boilers. 



[Basement 
rooms.] 



[Dimensions 
of school 
and class, 
rooms.] 



314 



STATE BUILDING CODE APPLICABLE TO SCHOOL BUILDINGS 



cubic feet of air space, viz : Primary grades 200 cubic feet, 
grammer grades 225 cubic feet, high schools 250 cubic, feet 
and in grade B buildings 300 cubic feet. 

Height of Stories. Toilet, play and recreation rooms 
shall be not less than eight (8) feet high in the clear meas- 
uring from the floor to the ceiling line. 

The height of all rooms, except toilet, play and recrea- 
tion rooms shall be not less than one-half the average width 
of the room, and in no case less than ten ( 10) feet high. 

Capacity of Rooms. The plan shall be clearly marked 
showing the maximum number of pupils or persons to be 
accommodated in each room. 

HISTORY.-I02 V. 586, § 7 (622). 

[Rest rooms.] SECTION 12600-51. Rest Rooms. In all school build- 

ings of grade "A" containing four and not more than eight 
school or class rooms, a rest or hospital room shall be pro- 
vided, and in all school buildings of grade "A" containing 
more than eight school or class rooms, two such rooms shall 
be provided. 

These rooms shall be provided with a couch and sup- 
plies for first aid to the injured, and where water supply is 
available shall be provided with water closets and sinks. 

HISTORY.— 102 V. 586, § 8 (623). 



[Assembly 
halls.] 



Section 12600-52. Assembly Halls. A room seating 
or accommodating more than one hundred (100) persons 
shall be considered as an assembly hall. 

No assembly hall in a building of grade A shall be 
located above the second story in a building of fireproof 
construction, nor above the first story in a building of com- 
posite construction. 

Otherwise assembly halls shall be constructed and 
equipped as called for under part 2, title I. 

HISTORY.— 102 V. 586, § 9 (623). 



Class room 
seats and 
aisles. 



Section 12600-53. Class room seats and aisles. Class 
and school rooms shall have aisles on all wall sides. In pri- 
mary rooms, center aisles shall not be less than seventeen 
inches, and wall aisles not less than two feet four inches 
wide. In grammar rooms, center aisles shall not be less 
than eighteen inches and wall aisles not less than two feet 
six inches wide. In high school rooms, center aisles shall 
not be less than twenty inches and wall aisles not less than 
three feet. In all other class and school rooms, center aisles 
shall not be less than twenty-four inches, and wall aisles not 
less than three feet. 



history.— 102 V. 586, § 10 (623); 107 



621 (626). 



L'^^t- Section 12600-54. Optics. The proportion of glass 

surface in museums, libraries and art galleries, shall be not 
less than one (i) square foot of glass to each six (6) square 
feet of floor area. 



STATE BUILDING CODE APPLICABLE TO SCHOOL BUILDINGS 



315 



The proportion of glass in each class, study, recitation, 
high school room and laboratory, shall not be less than one 
(i) square foot of glass to each five (5) square feet of 
floor area. (For glass surface in rooms used for domestic 
science and manual training, see part 2, title 7, workshops, 
factories and mercantile establishments.) 

The proportion of glass surface in each play, toilet or 
recreation room, shall be not less than one (i) square foot 
of glass to each ten (10) square feet of floor area. 

Windows shall be placed either at the left, or the left windows, 
and rear of the pupils when seated. 

Tops of windows, except in libraries, museums and art 
galleries, shall not be placed more than eight (8") inches 
below the minimum ceiling height as established under 
section 7. 

The unit of measurement for the width of a properly 
lighted room, when lighted from one side only, shall be the 
height of the window head above the floor. 

The width of all class and recitation rooms when 
lighted from one side only, shall never exceed two and one- 
half times this unit measured at right angles to the source 
of light. 

All windows shall be placed in the exterior walls of the 
building, except for halls, corridors, stock and supply closets 
which may be lighted by ventilated skylights or by windows 
placed in interior walls or partitions. 

Museums, libraries and art gallaries may be lighted by 
skylights, or clear story windows. 



Entrances 
exits. 



HISTORY.— 102 V. 586, § 11 

Section 12600-55. Means of Egress. All means of 
egress or exit, shall be exit doors unless the same lead to 
A standard fire escapes, which shall be either exit doors or 
exit windows. 

Grade A Buildings, of Fireproof Construction. 
Means of egress from rooms in the basement and super- 
structure shall be in proportion to three (3) feet in width 
to each one hundred (100) persons to be accommodated in 
building accommodating not more than five hundred (500) 
persons. 

When buildings accommodate from five hundred (500) 
to one thousand (1,000) persons, two (2) feet additional 
exit width shall be provided for each one hundred (100) 
persons or fraction thereof in excess of five hundred (500) 
persons. 

When buildings accommodate more than one thousand 
(1,000) persons, one (i) foot additional exit width shall be 
provided for each one hundred (100) persons or fraction 
thereof in excess of one thousand (1,000) persons, but 
in no case shall an exit be less than (3) feet or more 
than six (6) feet wide. 

No inclosed standard fireproof stairways or fire escapes 
will be necessary for buildings of fireproof construction and 
all exits shall lead to the main corridors. 



3i6 



STATE BUILDING CODE APPLICABLE TO SCHOOL BUILDINGS 



Communicat- 
ing doors. 



Exits and 
stairways. 



Location 
exits. 



of 



Grade A. Buildings of Composite Construction. 
Each room in the superstructure used by pupils as a class 
or school room, shall have at least two separate and distinct 
means of egress. 

No class, school or high school room shall have more 
than one door or opening between it and the main halls or 
corridors of the building. 

Communicating doors between two class or school 
rooms shall not be considered as a means 5f egress. 

The proportion of the exits to the seating capacity shall 
not be less than three (3) feet to each one hundred (100) 
persons to be accommodated. 

One-half of the exits shall lead to the main corridors, 
and the other half to inclosed fireproof stairways, B, C or D 
standard fire escapes or stone, cement or iron steps leading 
to the grade line. No exit door shall be less than three (3) 
feet or more than six feet wide. No fire escape or outside 
stairway shall be used when the height of the same exceeds 
eight (8) feet above the grade line. 

Each room in the basement used by the pupils shall 
have a direct exit not less than three (3) feet wide, with 
stone, cement or iron stairways leading up to the grade line. 
Stairways shall be not less than three feet six inches 
(3' 6'0 wide. 

Areaways around such stairways shall have substantial 
hand and guard rails on both sides. 

These exits shall be provided in addition to the usual 
service stairways and means of ingress. 

Grade B. Buildings of Fireproof or Composite Con- 
struction. Each room or apartment used for any pur- 
poses other than storage shall have two separate and distinct 
means of egress. 

If the various rooms connect directly with a hallway, 
means of egress at each end of the hallway will be siifficient; 
providing however that it is not necessary to pass one means 
of egress in order to reach the other. 

These means of egress shall be either an inside stairway 
running continuously from the grade line to the topmost 
story, or from the basement to the grade line ; A, B, C or D 
standard fire escapes ; stone, cement or iron steps leading to 
the grade line ; or self-closing doors leading directly to the 
main corridor of an adjoining section of the same building 
containing a stairway. 

Means of egress shall be at the rate of three (3) 
feet per hundred persons to be accommodated. 

It shall be presumed that half the persons will go to 
either means of egress. 

In libraries, museums, and art galleries, the capacity of 
the building shall be established by allowing to each person 
fifteen (15) square feet of floor area in all lobbies, exhibi- 
tion rooms, toilet rooms, corridors, stairs and other public 
parts of the building. 



STATE BUILDING CODE APPLICABLE TO SCHOOL BUILDINGS 



317 



Grade A and B. Buildings of Frame Construc- 
tion. Each room shall have at least two three (3) feet 
exits; one leading- to the open with steps to the grade, 
and the other the usual means of ingress ; and all steps shall 
have hand rails on both sides. 

Signs. Over each exit door shall be painted a sign in- 
dicating the word EXIT in plain block letters not less than 
six (6) inches high. 

history.— 102 V. 586, § 12 (621). 



Signs. 



Section 12600-56. Staird^ays. Grade A. Build- 
ings OF Fireproof Construction. Buildings of fireproof 
construction shall have at least two stairways located as far 
apart as possible and the same shall be continuous from the 
grade line to the topmost story. 

The basement shall have at least two stairways located 
as far apart as possible and run from the basement floor 
level to the grade line, which stairway may be placed under 
the main stairway. No further means of egress will be 
necessary. 

Stairways shall be enclosed with masonry of fireproof 
walls with standard self-closing fire doors at each story, and 
shall be provided with platforms arid exit doors not less than 
three (3') feet wide at the grade line. 

Grade A. Buildings of Composite Construction. 
Basement stairways shall be enclosed with either brick walls 
not less than nine (9) inches thick, concrete walls six (6'') 
inches thick, or hollow tile walls tweve inches (12) thick. 

All openings in these walls shall be provided with 
standard self-closing fire doors. The width of stairways re- 
quired under this classification shall be equally divided, one- 
half being placed in the main service stairways and the 
other -half in the enclosed fireproof stairs or fire escapes. 
No closet for storage shall be placed under any stairway. 

Grade B. Buildings of Fireproof Construction. 
Stairways shall be separated from, the other parts of the 
building by masonry or fireproof partitions with standard 
self-closing fire doors. 

Wire glass not less than one-quarter inch (/4'') thick, 
set in stationary metal sash and frames may be used in place 
of stairway partitions. No wire glass shall be placed in 
partitions separating stairways from work or storage rooms 
containing highly combustible material. 

Stairways shall be provided with grade line platforms 
with exit doors not less than three (3) feet wide leading 
to streets, alleys or open courts. 

Grade B. Buildings of Composite Construction. In 
buildings of composite construction the stairways shall be 
separated from the other parts of the building by masonry 
of fireproof w^alls, with fireproof ceiling at the topmost 
story, with fireproof floor at the lowermost level, and all 
openings to these inclosures shall be provided with standard 
selfclosing fire doors. 



[Stairways.] 



Number of 
stairways and 
construction. 



[Basement 
stairways.] 



Self-closing 
doors. 



[Fireproof 
construction.] 



[Stairways 
in buildings 
of composite 
construction.] 



3i8 



STATE BUILDING CODE APPLICABLE TO SCHOOL BUILDINGS 



[Monumental 
stairs.] 



Construction 
and dimen- 
sions o£ 
stairways. 



The above enclosures shall be provided with grade 
line platforms, and with exit doors not less than three (3) 
feet wide leading to streets, alleys or open courts. 

No closet for storage shall be placed under any stair- 
way. 

Monumental Stairs.. Monumental stairs from the 
basement to the second story may be used in buildings of 
grade B, providing they are placed as far distant from the 
other stairways as possible. 

Stairway Construction. Width of stairways shall 
be at the rate of three feet per hundred (100) persons ac- 
commodated in buildings accommodating not more than 
five hundred (500) persons, when building accommodates 
from five hundred (500) to one thousand (1,000) persons 
two feet of additional stairway width shall be provided for 
every one hundred (100) persons or fraction thereof in 
excess of five hundred (500), when buildings accommodate 
more than one thousand (1,000) persons, one foot ad- 
ditional stairway width shall be provided for every one 
hundred (100) persons or fraction thereof in excess of 
one thousand (1,000) persons. 

No stairway shall be less than three feet six inches 
(3' 6") nor more than six (6) feet wide measuring be- 
tween the hand rails. Stairways over six (6) feet wide shall 
have substantial center hand rails with angle and newel 
posts not less than six (6) feet high. 'No stairway shall 
have less than three (3) nor more than sixteen (16) risers 
in any run. 

No stairway shall have winders and all nosing shall be 
straight. 

A uniform width shall be maintained in all stairways 
and stair platforms by rounding the corners and beveling the 
angles. 

Hand rails shall be provided on both sides of all stair- 
ways and steps. - 

Outside stairways and areaways shall be provided with 
guard rails not less than two feet six inches (2' 6') high. 

Stairways shall have a uniform rise and tread in each 
run as follows, viz. : 

Primary schools shall have not more than a six (6) 
inch rise or less than eleven (ii) inch tread. 

Grammar schools shall have not more than a six and 
one-half (6%) inch rise nor less than eleven (11) inch 
tread. 

All other schools shall have not more than a seven (7) 
inch rise nor less than ten and one-half (loj^) inch tread. 

The above dimensions shall be from tread to tread, and 
from riser to riser. 

No door shall open directly upon a stairway, but shall 
open on a platform or landing equal in length to the width 
of the door. 

In combination primary and grammar school buildings 
all stairways below the first floor level shall be designed for 



STATE BUILDING CODE APPLICABLE TO SCHOOL BUILDINGS 



319 



primary school pupils, and all stairways above the first floor 
level may be designed for either primary or grammar pupils. 

No closet for storage shall be placed under any stair- 
way. 

All treads shall be covered with rubber or lead mats or 
equal non-slipping surface. 

HISTORY.— 102 V. 586, § 13 (626). 

Section 12600-57. Gradients. To overcome any dif- [Gradients.] 
ference in floor levels which would require less than three 
risers, gradients shall be employed of not over one (i) inch 
rise in twelve (12) inch run. 

Floors at all exits shall be so designed as to be level and 
flush with the adjacent floors. 

HISTORY.— 102 V. 586, § 14 (628). 

Section 12600-58. Passageways. No hall or pas- [Passage- 
sageway leading to a stairway or exit shall be less in width ways.] 
of the stairway or exit, as the case may be. 

Halls and passageways shall be so designed and propor- 
tioned as to prevent congestion and confusion. 

HISTORY.— 102 V. 586, § 15 (628). 

Section 12600-59. Elevators. Elevators shall be [Elevators.] 
enclosed in standard fire walls, or by fireproof walls, ceilings 
and floors, and all openings to the enclosures shall be cover- 
ed by standard fire doors for elevators. 

HISTORY.— 102 V. 586, § 16 (628). 

Section 12600-60. Exit Doors and Windows. Exit [Exit .doors 
doors shall not be less than three (3) feet wide, nor less dows]'^'"di- 
than six feet four inches (6' 4'') high, level with the floor, mensions. 
swing outward, viz. : toward the open, or toward the natural 
means of egress., and shall be so hung as not to interfere 
with passageways or close other openings. 

No single door or leaf to a double door shall be more 
than four (4) feet wide. No two doors hinged together 
shall be used as a means of ingress or egress. Accordion 
doors may be used in dividing class rooms, providing the 
free sections swing outward and give the required amount 
of exit width. 

No double acting, rolling, sHding or revolving exit or 
entrance doors shall be used. 

Exit windows leading to "A" standard fire escapes shall 
have the lower sash hinged to the side to swing out, or hung 
on weights to rise. This sash shall be not less than two feet 
six inches (2' 6") wide, not less than three (3) feet high 
and not more than two (2) feet above the floor line. 

HISTORY.— 102 V. 586, § 17 (628). 

Section 12600-61. Scuttles. Every building exceed- [Scutties.] 
ing twenty-five (25) feet in height shall have in the roof a 
bulkhead or scuttle not less than two (2) feet wide and not 
less than three (3) feet long^, covered on the outside with 



320 



STATE BUILDING CODE APPLICABLE TO SCHOOL BUILDINGS 



Floors of 
toilet rooms. 



[Floor and 
roof loads.] 



Heating and 
ventilation. 



metal and provided with a stairway or permanent ladder 
leading thereto. 

Bulk-head and scuttle doors shall never be locked. 

HISTORY.— 1C2 V. 586, § 18 (629). 

Section 12600-62. Special Construction. All floors 
to toilet rooms, lavatories, water closet compartments, or 
any enclosure where plumbing fixtures are used within the 
building, shall have a waterproof floor and base made of 
non-absorbent indestructible waterproof material, viz. : As- 
phalt, glass, marble, vitrified or glazed tile or terrazzo, or 
monolithic composition. 

Base shall be not less than six (6) inches high and shall 
have a sanitary cove at the floor level. 

All basement rooms used by the pupils or public shall 
have a damp or waterproof floor. 

All basement ceilings except where concrete or brick is 
used shall be plastered or be covered with pressed or rolled 
steel ceiling. 

Whenever possible, window and door jambs shall be 
rounded and plastered, except in museums, libraries and art 
galleries. 

All interior wood finish shall be as small as possible and 
free from unnecessary dust catchers. 

All floors between the finished portions of the building 
shall be deadened or made sound proof. 

HISTORY.— 1C2 V. 586, § 19 (629). 

Section 12600-63. Floor and Roof Loads. In calcu- 
lating constructing the superimposed load uniformly dis- 
tributed on- the various floors and roofs shall be assumed at 
not less than the following, viz. : 

Class rooms, sixty (60) pounds per sc[uare foot. 

Halls, assembly halls, stairs and corridors, eighty (80) 
pounds per square foot. 

Museums, libraries and art. galleries, one hundred 
(100) pounds per square foot. 

Attics not used for storage, twenty (20) pounds per 
square foot. 

Roofs, forty (40) pounds per square foot. 

HISTORY.— 102 V. 686, § 20 (629). 

Section 12600-64. Heating and Ventilation. A 
heating system shall be installed which will uniformly heat 
all corridors, hallways, play rooms, toilet rooms, recreation 
rooms, assembly rooms, gymnasiums and manual training 
rooms to a uniform temperature of 65 degrees in zero 
weather; and will uniformly heat all other parts of the 
building to 70 degrees in zero weather. 

Exceptions. Rooms with one or more open sides 
used for open air or outdoor treatment. 

The heating system shall be combined with a system of 
ventilation which will change the air in all parts of the 



STATE BUILDING CODE APPLICABLE TO SCHOOL BUILDINGS 321 

building except the corridors, halls, and storage closets not 
less than six times per hour. 

The heating system to be installed where a change of 
air is required, shall be either standard ventilating stoves, 
gravity or mechanical furnaces, gravity indirect steam or 
hot water; or a mechanical indirect steam or hot water 
system. 

Where wardrobes are not separated from the class 
room they shall be considered as part of the class room 
and the vent register shall be placed in the wardrobe. 

These wardrobes are separated from the class rooms, 
they shall be separately heated and ventilated the same as 
the class rooms. 

The bottom of warm air registers shall be placed not 
less than (8) feet above the floor line, except foot warmers 
which may be placed in the floors of the main corridors or 
lobbies. 

Vent registers shall be placed not more than two 
inches (2'') above the floor line. 

The fresh air supply shall be taken from the outside 
of the building and no vitiated air shall be re-heated. The 
vitiated air shall be conducted through flues or ducts and 
be discharged above the roof of the building. 

A hood shall be placed over each and every stove in 
the domestic science room, over each and every compart- 
ment desk or demonstration table in the chemical labora- 
tories and chemical laboratory lecture rooms, of such a size 
as to receive and carry off all offensive odors, fumes and 
gases. 

These ducts shall be connected to vertical ventilating 
flues placed in the walls and shall be independent of the 
room ventilation as previously provided for. 

Where electric current is available electric exhaust 
fans shall be placed in the ducts or flues from the stove 
fixtures in domestic science rooms and chemical labora- 
tories, and where electric current is not available and a 
steam or hot-water system is used, the main vertical flues 
from the above ducts shall be provided with accelerating 
coils of proper size to create sufficient draught to carry 
away all fumes and offensive odors. 

HISTORY.— 102 V. 586, § 21 (629). 

See opinions of Attorney General No. 2690 (1921), cited under 
Sec. 1031. 

Section 12600-65. Sanitation. Where a water sup- [Sanitation ] 
ply and sewerage system are available a sanitary equipment 
shall be installed as follows : 

In the superstructure of the building one sink and one 
drinking fountain shall be installed on each floor to each 
six thousand (6,000) square feet of floor area or less. 

In the basement one sink and one drinking fountain 
shall be installed on the males' side, and the same on the 



322 STATE BUILDING CODE APPLICABLE TO SCHOOL BUILDINGS 

females' side, to each three hundred and fifty (350) pupils, 
or less. 

Sinks shall be the ordinary slop sinks, or in lieu of 

same, lavatories may be used providing the waste plug or 

stopper has been removed. 

Drinking Sanitary schoolhouse drinking fountains with jet giv- 

siSf'^cfosets, '^^S ^ continuous flow of water shall be installed, and no 

etc. ' ' tin cups or tumblers shall be allowed in or about any school 

building. 

In libraries, museums and art galleries there shall be 
provided the following fixtures, viz: 

One water closet to each one hundred (100) females, 
or less. 

One water closet to each two hundred (200) males, 
or less. 

One urinal to each two hundred (200) males, or less. 

The above to be based upon the actual number of per- 
sons to be accommodated, the capacity, being established as 
prescribed under section 12, means of egress. 

In all other school buildings there shall be provided the 
following fixtures, viz. : 

One water closet for each fifteen (15) females or less. 

One water closet for each twenty-five (25) males or 
less. 

One urinal for each fifteen (15) males or less. 

Toilet accommodations for males and females shall be 
placed in separate rooms, with a traveling distance between 
the same of not less than twenty (20) feet. 

Juvenile or short closets shall be used for primary and 
grammar grade schools. This does not apply when latrine 
closets are used. 

In buildings accommodating males and females it shall 
be presumed that the occupants will be equally divided be- 
tween males and females. 

Where water supply and sewerage system are not 
available no sanitary equipment shall be installed within the 
building, but pumps in lieu of drinking fountains, closets 
and urinals in the above proportions shall be placed upon 
the school building grounds, and no closets or urinals shall 
be placed nearer any occupied building than fifty (50) 
feet. 

Where pumps or hydrants are used the outlet shall be 
inverted. 

Buildings more than three stories in height shall be 
provided with toilet rooms in each story and basement, and 
in these shall be installed water closets and urinals in the 
above required ratios in proportion to the number of per- 
sons to be accommodated in the various stories. 

Toilet rooms for males shall be clearly marked "Boys' 
toilet" or "Men's toilet" and for females "Girls' toilet'* or 
"Women's toilet." 

HISTORY.— 102 V. 686, § 22 (630). 

An ordinance of the city of Columbus requiring the issuance 
to the owner or his agent of a permit for the construction of a 



STATE BUILDING CODE APPLICABLE TO SCHOOL BUILDINGS 



323 



building involving the installation of sanitary plumbing is not ap- 
plicable to construction work at the Ohio State University. It is the 
power and duty of the inspector of buildings in the city of Columbus 
to approve the plans of buildings of the Ohio State University, and 
to enforce the state building code with respect thereto. 

The ordinance of the city of Columbus for licensing master 
and journeyman plumbers and prohibiting work of the trade of 
plumbing in the city of Columbus by unlicensed plumbers, is ap- 
plicable to persons working on the installation of plumbing at the 
Ohio State University, whether employes of the state or not. Op. 
Atty. Gen. (1914), p. 1307. 

Section 12600-66. Gas Lighting. A system of gas 
lighting if used shall be installed as follows : 

All outlets in class and recitation rooms shall be 
dropped from the ceiling and be equally distributed so as 
to uniformly light the room. 

The number of burners provided shall not be less than 
the following: 

In auditoriums one three (3) foot burner to each fif- 
teen (15) square feet of floor area. 

In gymnasiums one three (3) foot burner to each fif- 
teen (15) square feet of floor area. 

In halls and stairways one three (3) foot burner to 
each twenty-four (24) square feet of floor area. 

In class and recitation rooms one three (3) foot burner 
to each (12) square feet of floor area. 

Enclosed fireproof stairways, service stairways, cor- 
ridors, passageways and toilet rooms, shall be well lighted 
by artificial light and said Hghts shall be kept burning when 
the building is occupied after dark. 

Burners shall be placed seven (7) feet above the floor 
line. 

No swinging or movable gas fixtures or brackets shall 
be used. 



HISTORY.-IO2 V. 



>, § 



(632). 



Section 12600-67. Electric Work. An electric light- 
ing system if used shall be installed as follows : 

All wiring shall be done in conduit. All outlets in class 
and recitation rooms shall be dropped from the ceiling 
and be equally distributed so as to uniformly light the room. 

The candle power of lamps provided shall not be less 
than the following, viz. : 

Auditorium one candle power to two and one-half 
square feet of floor area. 

Gymnasium one candle power to two and one-half 
square feet of floor area. 

Halls and stairways one candle power to four square 
feet of floor area. 

Class and recitation rooms one candle power to two 
square feet of floor area. 

Enclosed fireproof stairways, service stairways, cor- 
ridors, passageways and toilet rooms shall be lighted by 



[Gas 
ing.] 



light- 



Burners. 



[Electric 
work.] 

V/iring. 



Lighting. 



3^4 



STATE BUILDING CODE APPLICABLE TO SCHOOL BUILDINGS 



[Finishing 
hardware.] 



Locks, knobs, 
levers, etc. 



[Fire extin- 
guishers] ; 
hose. 



artificial light, and said lights shall be kept burning when 
the building is occupied after dark. 

HISTORY.— 102 V. 5S6, § 2i (632). 

Section 12600-68. Finishing Hardware. All en- 
trance, exit and emergency doors shall be equipped with 
hardware of such nature as to be always unlockable from 
within. 

Single outside entrance doors shall have key locks that 
can be locked from the outside, but can always be opened 
on the inside, by simply turning the knob or lever, or by 
pushing against a bar or plate, whether same are locked on 
the outside or not, the locks being operated by key from 
the outside only. No night latch attachment shall be placed 
on face of these locks, or other bolts, hooks, thuinb knobs 
or other locking device shall be placed on these doors. 

Outside doors used for exit purposes only, including 
doors to inclosed fireproof stairways shall have one knob 
latch or a double extension bolt as hereinafter mentioned, 
and no bolts, hooks, or other locking device shall be placed 
on these doors:- 

Doors from halls to rooms and cloak rooms shall have 
no locks upon same, but shall be equipped with knob latches 
only. If locks are desired, the same style locks as above 
specified for entrance doors shall be used and the same 
shall be so placed on the door so that they can be locked on 
the hall side, and can always be opened on the room or 
cloak room sides, whether locked on hall side or not. 

One of each pair of outside or inside double doors 
shall have a double extension panic bolt on same, bolt to 
have knob, lever, push bar, push plate, push handle, or de- 
vice whereby the simple act of turning a knob, or lever, or 
pushing against the same will release the top and bottom 
bolts at the same time and allow the doors to open. 

Independent top and bottom bolts shall not be used. 

The outer door of each pair of outside and inside 
double doors shall have lock, or latch as above specified. 

All bolts, latches, face of locks, working parts of ex- 
tension bolts, and other exposed working parts about this 
hardware shall be of cast metal properly protected from 
corrosion. 

Double box windows to A standard fire escapes shall be 
provided with sash locks and two bar lifts, and hinged sash 
with either a sash lock, one knob latch or lever bolt. 

HISTORY.— 102 V. 586, § 25 (632). 

Section 12600-69. ^^^'^ Extinguishers. Standard 
stand pipe and hose shall be provided in basement of grade 
A buildings and in each story and basement of grade B 
buildings with sufficient length of one and one-half (i>4) 
inch hose to reach any part of the story. 

Hose lengths shall be not more than seventy-five (75) 
feet, and where hose of such length will not reach the ex- 



STATE BUILDING CODE APPLICABLE TO SCHOOL BUILDINGS 



325 



treme portions of the story additional standpipes and hose 
shall be provided. 

Where water supply is not available, standard chemical 
fire extinguishers shall be provided in the proportion of one 
(i) extinguisher to each two thousand (2000) square feet 
of floor area or less. 

Standard chemical fire extinguishers shall be provided 
in each story above the basement of grade A buildings in 
the proportion of one extinguisher to each two thousand 
(2,000) square feet of floor area, or less. 

All fire extinguishers shall be prominently exposed to 
view and always accessible. 



HISTORY.-IO2 V. 5S6, 



•26 (633) . 



[Fire 

alarm] 

gongs. 



Sectiox' 12600-70. Fire Alarm. All buildings with 
basement, and all buildings over one story high shall be pro- 
vided with eight (8) inch in diameter trip fire gongs with 
connections enabling the ringing of same from any story 
or basement. 

In semi-detached buildings gongs shall be provided for 
each section and shall be connected up so as to ring simul- 
taneously from any story or basement of either section. 

Gongs shall be centrally located in the main halls, and 
the operating cords shall be placed so as to be always ac- 
cessible. 

Exceptions. In institutions for the deaf, electric 
lights with red globes shall be placed near each teacher's 
desk, and these shall be operated simultaneously by switches 
placed in each story and basement. 

history.— 102 V. 5S6, § 27 (63+). 

Section 12600-274. It shall be unlawful for any Alterations. 
owner or owners, officers, board, committee or other per- 
son to construct, erect, build, equip or cause to be con- 
structed, erected, built or equipped any opera house, hall, 
theater, church, schoolhouse, college, academy, seminary, 
infirmary, sanatorium, children's home, hospital, medical in- 
stitute, asylum, memorial building, armory, assembly hall 
or other building used for the assemblage or betterment of 
people in any municipal corporation, county or township in 
this state, or to make any addition thereto or alteration 
thereof, except in case of repairs for maintenance without 
affecting the construction, sanitation, safety or other vital 
feature of said building or structure, without complying 
with the requirements and provisions relating thereto con- 
tained in this act. 

HISTORY.— 102 V. 586, § 2 (5S6). 

The provisions of the state building code, with respect to the 
subject of sanitation, including the matter of sanitary plumb- 
ing appHed to the buildings here in question, to wit, those 
now being erected by the city of Cincinnati at Glendale, Ohio, 
for the purpose of being used as a boys' refuge home, and so apply- 
ing the provisions of the .state code as to sanitary plumbing 
operate to exchide the conflicting provisions of municipal ordinances 
and of the plans and specifications with respect to plumbing in said 



[26 



STATE BUILDING CODE APPLICABLE TO SCHOOL BUILDINGS 



[Penalty.] 



Specific of- 
ficers' duty 
to enforce 
act. 



buildings. The provisions of the Cincinnati plumbing code, being 
governmental in their nature, have no operation outside of the cor- 
porate limits of the city of Cincinnati. ! 
The duty of enforcing the state building code in this case, is in 
the state board of health, and inasmuch as the observance of the 
provisions of the state building code is procured by the sanction of 
penalties, no other remedy than the invocation of these penalties 
can be resorted to to enforce its provisions. Op. Atty. Gen. (1914), 
p. 1525. 

Section 12600-279. Whoever being the owner or 
having the control as an officer, or as a member of a board 
or committee or otherwise of any opera house, hall, theater, 
church, schoolhouse, college, academy, seminary, infirmary, 
sanitorium, children's home, hospital, medical institute, 
asylum, memorial buildings, armory, assembly hall or other 
building for the assemblage or betterment of people in any 
municipal corporation, township or county in this state, 
violates any of the provisions of the foregoing act or fails 
to conform to any of the provisions thereof, or fails to 
obey any order of the state fire mashal, chief inspector of 
workshops and factories or building inspector or commis- 
sioner in cities having a building inspection department, or 
the state board of health in relation to the matters and 
things in this act contained shall be guilty of a misdemeanor 
and upon conviction thereof shall be fined not more than 
one thousand dollars and stand committed until said fine 
and costs be paid or secured to be paid or until otherwise 
discharged by the due process of law. 

HISTORY.— 102 V. 586, § 1 (587). 

Section 12600-281. It shall be the duty of the state 
fire marshal or fire chief of municipalities having fire de- 
partments to enforce all the provisions herein contained re- 
lating to fire prevention. 

It shall be the duty of the chief inspector of work- 
shops and factories or building inspector, or commissioner 
of buildings in municipalities having building departments 
to enforce all the provisions herein contained for the con- 
struction, arrangement and erection of all public buildings 
or parts thereof, including the sanitary condition of the 
same, in relation to the heating and ventilation thereof. 

It shall be the duty of the state board of health or 
building inspector or commissioner, or health departments 
of municipalities having building or health departments to 
enforce all the provisions in this act contained, in relation 
and pertaining to sanitary plumbing. But nothing herein 
contained shall be construed to exempt any other officer or 
department from the obligation of enforcing all existing 
laws in reference to this act. 

HISTORY.— 102 V. 586, § 1 (586). 

See opinions of Attorney General as follows : 
(1914), o. 1525, cited under Sec. 12600-274. 
No. 2690, (1921), cited under Sec. 1031. 



CHAPTER 19 
SCHOOLS AND ATTENDANCE 



Section 

1261-26. Duties of district board of health rel- 
ative to schools. 

Elementary schools; minimum and 
maximum school weeks. 

Tuberculosis schools. 

Graded course of study must be pre- 
scribed. 

Elementary school shall be main- 
tained. 

Normal school. 

Board may establish part-time schools 
for children employed on age and 
schooling certificates. 

Elementary school defined. 

High school defined. 

College defined. 

High schools classified; formulation 
of standards and policies. 

First grade high school. 

Second grade. 

Third grade. 

County normal school may be estab- 
lished by county board of education. 

Normal school to offer one year 
course for preparation of teachers. 

Director of county normal school and 
assistants. 

County normal school to maintain 
practice teaching classes. 

Salaries of directors and assistants. 

State normal schools to maintain cur- 
riculum supplementary to that of 
county normal schools. 

Department of efficiency tests and 
survey by O. S. U. and other 
schools and colleges supported by 
the state. 

State normal schools to maintain 
modern rural schools. 

Elementary grade. 

What constitutes elementary school 
of second grade. 

What constitutes rural elementary 
school of first grade. 

What constitutes consolidated ele- 
mentary school of second grade. 

What constitutes consolidated ele- 
mentary school of first grade. 

Admission to high school from rural 
school of first grade. 

Metal placard showing grade of rural 
school. 

Diploma to be given to graduates. 

Certificate as to grade of school. 

Admission to professional school, col- 
lege or university. 

Who elegible to take examination for 
admission to bar or to enter profes- 
sional school; exception. 
Information to superintendent of 
public instruction as to high schools. 
Certificate as to grade of school; 

withholding approval. 
Penalty for failure to give informa- 
tion. 
Any board of education may estab- 
lish high school. 
Discontinuance thereof. 
Management and control of township 

high schools. 
School houses. 
Admission of pupils. 
Estimate of funds needed, certified 
to county auditor. 



r6i4. 



7644-1. 
7645. 



7»46. 



7647. 
7647-1. 



7648. 
7649. 
7650. 
7651. 

7652. 
7653. 
7654. 
7654r-l. 

7664-2. 

7664-3. 

7654-4. 

76^-5. 
7654-oa. 



7651-6. 



7654-7. 

7665. 
7655-1. 

7655-2. 

7655-3. 

7655^. 

7655-7. 

7655-S. 

7666. 
7657. 
7658. 

7669. 



7661. 
7662. 



7664. 



7667. 



Section 



7670. 
7671. 
7671-1. 



7671-2. 

7672. 



7673. 

7674. 
7675. 
7676. 
308S. 



7677. 
7678. 



T679. 

7680. 



7681. 



7682. 
7683. 
7684. 
7685. 
7686. 



7688-1. 



7690-1. 
7691. 



)2-l. 
)2-2. 



7692-3. 
7692-4. 



7696. 
7697. 
7698. 
7699. 
7700. 

7701. 

7702. 
7703. 
7704. 



7705. 
1465-60. 



Union of districts for high school 

purposes. 
High school committees. 
Funds, how provided. 
County superintendent to certify 
teachers' payroll of joint high school 
and aggregate days of attendance 
to county auditor. 
Dissolution of union of districts for 
high school purposes; how effected. 

Board of education of district cover- 
ing territory within joint high 
school district to certify estimate to 
county auditor. 

Tax levy for support of university 
in village, rural or union district. 

Who shall have right to admission. 

Disposition of funds. 

Inmates shall attend public schools. 

Children inmates of county or district 
children's home to be given ele- 
mentary'- education provided in 7676. 

Report to county auditor; contents. 

Cost of educating inmate, how de- 
termined and how paid. 

Establishment of evening schools. 

Attendance bj- person more than 
twenty-one years old. 

Who may be admitted to schools 
free; when tuition may or shall be 
charged and collected. 

Non-resident pupils. 

Crediting of school tax on tuition. 

Assignment of pupils. 

Suspension and expulsion of pupils. 

Vaccination of pupils. 

Dismissal of school on holidays. 

Arbor Day. 

Annual temperance day program. 

School year, month and week. 

Control of schools vested in board; 
powers and duties. 

Salaries of teachers, how fixed and 
paid. 

Terms of employment. 

School physician, appointment, quali- 
fications. 

Examinations and diagnosis of chil- 
dren, teachers and janitors. 

Publication of rules for enforcement 
of act. 

Who not eligible as physician. 

Affidavit of compliance. 

Board may provide additional com- 
pensation. 

Director of schools. 

Powers and duties of director. 

Further duties of director. 

Salary of director. 

May suspend or remove director. 

Appointees; clerk's duty. 

Resignations of teachers, etc.. not 
effective without consent of board. 

Dismissal of teachers or other em- 
ployes. 

Appointment of superintendent. 

Powers and duties of superintendent. 

"Service fund" may be created out 
of contingent fund to pay expenses 
of members. 

Employment of teachers; term. 

City and village school district an 
employer within workmen's com- 
pensation law. 



(327) 



328 



SCHOOLS AND ATTENDANCE 



Sectiox 

1465-61. City and village school district em- 
ployes within workmen's compensa- 
tion law. 

1465-62. Contribution to workman's compen- 
sation fund by city and village 
school districts. 

U65-63. Per centum to be contributed. 

7707. General duties of teachers. 

7708. Teachers dismissed for insufficient 

cause. 

7709. Filing and preservation of copies and 

prices of school books. _ 

7710. Maximum price; notification of pub- 

lisher. 

7711. Names and addresses of publishers 

furnished to boards. 

7712. Violation of agreement by publisher. 

7713. Text books, how determined; five 

year term. 

7714. Text books of whom ordered. 

7715. Board of education, power and duties 

of. 

7716. Old books, purchase of. 

7718. Who shall not be sales agent for 

text books and supplies. 

7720. Care and preservation of books. 

7721. Physical culture in schools. 

7722. Powers of board of education, as to 

manual training, etc. 

7722-1. School savings banks; duties of prin- 
cipal or superintendent. 

77^-2. Bond of principal or superintendent. 

7723. Instruction as to effect of alcoholic 

drinks on the human system. 

7724. Provision therefor. 

7724-1. Instruction in preventing accidents. 
7724-2. Manual of instruction to be provided. 

7725. Instruction of teachers. 

7726. Examination of teachers required. 

7727. Duties of superintendent. 

7728. Forfeiture for failure to give in- 

struction. 

7730. When rural or village school may be 

suspended; transfer and convey- 
ance of pupils; notice of suspen- 
sion. 
7730-1. When and how school property, 
where school suspended, mav be 
sold. 

7731. When board shall provide transporta- 

tion. 

7731-1. Depots for _ school children where 
transportation provided. 

7731-2. Driver transporting children to bring 
vehicle to stop before crossing rail- 
road tracks. 

7731-3. Qualifications required as to driver. 

7731-4. When allowance may be made to 
parents for transporting children. 

7733. Conveyance of pupils. 

7734. Pupils may be sent from one district 

to another. 

7735. Attendance at nearest school. 

7736. How per capita tuition ascertained 

and paid. 

7737. Not to appl}-- when schools are 

centralized. 

7738. Sufficient _ school accommodations to 

be provided. 

7739. Free school books. 



Sectiox 

7562-1. Township trustees empowered to 

construct foot bridges as means of 

access to schools. 
7562-2. Submission by township trustees of 

question of tax levy. 
7.562-3. Election on question of tax levy. 
7747. When tuition of. pupils attending 

high school in another district may 

be paid by board of education. 
774S. Tuition of graduates of third grade 

high school. 

7749. Transportation to high school. 
7749-1. When board of education of village 

or centralized rural district may 
provide transportation to high 
school in another district. 
7.49-2. When board of education may furnish 
cost of high school pupil's room 
and board. 

7750. Agreement, effect of, as to tuition. 

7751. Tuition, how paid. 

7752. What shall constitute a high school. 
77.53. Appointment of high school inspec- 
tors. 

775.3-1. Duties of high school inspectors. 
775.3-2. Meeting for conference and direc- 
tion; classification. 
7753-3. Compensation and expenses. 

7754. Reports of inspection. 

7755. Establishment of schools for the 

blind, deaf and crippled. 

7755-1. When board of education may pay 
for crippled persons receiving in- 
struction. 

7755-2. Board of education of district where 
crippled or defective person resides 
may pay tuition to other school 
district. 

7^55-3. Transportation of crippled children. 

7755-4. Instruction of crippled children at 
home. 

775.5-5. Provision as to children handicapped 
by two or more defects. 

7756. Special classes for crippled children. 

7757. Names, ages, etc., of deaf, blind and 

crippled children to be certified to 
auditor of state. State auditor to 
issue warrant to boards of educa- 
tion for. 
775S. Payment of expenses by state treas- 

urer to board of education. 

7759. Appointment and qualification of 

teachers for such defective chil- 
dren. 

7760. Who shall be considered as deaf, 

blind or crippled. 

7761. Annual statement of expenditures 

for teaching such defective chil- 
dren. 

7761-1. Superintendent of public instruction 
to arrange plan of co-operation 
looking to employment ■ of blind 
pupils. 

7761-2. Provisions relating to establishment 
of Americanization school. 

7761-3. Inspection of schools engaged in 
adult Americanization education. 

7761-4. Appointment by governor of super- 
visor of Americanization work. 



Duties of dis- SECTION 1261-26. Ill addition to the duties now re- 

h?ith^°ektive Q^i^^^^ ^^ boards of health, it shall be the duty of each dis- 
to schools. trict board of health to study and record the prevalence of 
disease within its district and provide for the prompt diag- 
nosis and control of communicable diseases. The district 
board of health may also provide for the medical and dental 
supervision of school children, for the free treatment of 
cases of venereal diseases, for the inspection of schools, 
public institutions, jails, workhouses, children's homes, in- 
firmaries, and other charitable, benevolent, correctional in- 



SCHOOLS AND ATTENDANCE 



329 



stitutions. The district board of health may also provide 
for the inspection of dairies, stores, restaurants, hotels and 
other places where food is manufactured, handled, stored, 
sold or offered for sale, and for the medical inspection of 
persons employed therein. The district board of health may 
also provide for the inspection and abatement of nuisances 
dangerous to public health or comfort, and may take such 
steps as are necessary to protect the public health and to 
prevent diseases. 

Provided that in the medical supervision of school chil- 
dren as herein provided, no medical or surgical treatment 
shall be administered to any minor school child except upon . 
the v^ritten request of a parent or guardian of such child ; 
and provided further, that any information regarding any 
diseased condition or defect found as a result of any med- 
ical school examination shall be communicated only to the 
parent or guardian of such child and if in writing shall be in 
a sealed envelope addressed to such parent or guardian. 

HISTORY.— 108 V. Pt. I 236 (240), § 11; 108 v. Pt. II (1088). The 
statute of which this section is a part^was declared by the legislature to be an 
emergency measure. See 108 v. Pt. II 1085 (1093), § 4. This section is not 
analogous to the section bearing this number in Supp. to P. & A. Code, which 
was 103 V. 216 (220), § 11. 

The positions of member of the city board of education and 
deputy health commissioner are not incompatible. Op. Atty. Gen. 
(1920), p. 995. 

Section 7644. Each board of education shall estab- Elementary 
lish a sufficient number of elementary schools to provide for min°imim and 
the free education of the youth of school aee within the dis- maximum 

, . 111 -11 1 school weeks. 

trict under its control, at such places as will be most con- 
venien4; for the attendance of the largest number thereof. 
Every elementary day school so established shall continue 
not less than thirty-two nor more than forty weeks in each 
school year. All the elementary schools within the same 
school district shall be so continued. 

history.— R. S. § 4007; 75 v. 513, § 50; &5 v. 115; 97 v. 358; 99 v. 85. 

The provisions of this section were characterized as manda- 
tory in the case of Rabe vs. Board of Education, 88 O. S., 403, 420. 

It is the intent of Sections 7644 and 7695 G. C. that a board 
of education shall maintain a school session of not less than 
thirty-two weeks in each year as a condition precedent to obtaining 
state aid. It is not the intention to demand the impossible, how- 
ever, and when through destruction of the school building by 
fire, compliance is absolutely prevented failure to maintain an 
eight months' session will not preclude the right to state aid. 
Op. Atty. Gen. (1912). p. 120. 

Under the provisions of Section 7684 G. C., taken in connection 
with the provisions of Sections 7644 and 7646 G. C.. the board 
of education of a rural school district has authority, in the 
exercise of its discretion, to transfer all the pupils in any grade 
from_ one subdistrict school to an adjoining subdistrict school 
within said rural district by giving sufficient notice to said pupils 
of such assignment, subject, however, to the provisions of the 
first part of Section 7731, G. C., and to the further provisions of 
Section 7735 G. C. If, however, said board of education, acting 
under authority of Section 7731 G. C. provides transportation for 
all of the pupils affected by such order of assignment, said pupils 
may not exercise the right conferred by the provisions of section 
7735 G. C. Op. Atty. Gen. (1915), p. 2107. 



330 • SCHOOLS AND ATTENDANCE 

This section does not impose a duty upon the board of 
education of a school district to provide for a high school therein, 
and a county board of education has no right under Section 7610-1 
G. C, 107 O. L. 623j to establish a high school in a village school 
district, where the village board of education refuses to do so. 
Op. Atty. Gen. (1917), p. 1640. 

Under the provisions of G. C. Sec. 7644, it is a mandatory duty 
of a district board of education to continue the elementary schools 
for at least thirty-two weeks in a school year. Op. Atty. Gen. 
(1920), p. 873. 

Educational facilities for children of compulsory school age, 
confined in tuberculosis hospitals, should be provided by the authori- 
ties in charge of such institutions. Op. Atty. Gen. No. 2549, Nov. 5, 
1921. 

See opinions of Attorney General (1916), p. 1471, cited under 
Sec. 7735. 

Tuberculosis SECTION 7644- 1. The board of education in any city 

schools. school district may establish such special elementary schools 

as it deems necessary for youth of school age w^ho are 
afflicted w^ith tuberculosis, and may cause all youth, within 
such district, so afflicted, to be excluded from the regular 
elementary schools, and may provide for and pay from the 
school funds, the expense of transportation of such youth 
to and from such special schools. 

HISTORY.-lOl V. 319. 

Graded course SECTION 7645. Boards of educatiou are required to 

be pSribed.^ prescribe a graded course of study for all schools under 
their control in the branches named in section 7648, sub- 
ject to the approval of the superintendent of public instruc- 
tion. The course of study mentioned in this section shall 
include American government and citizenship in the seventh 
and eighth grades. As an additional study the subject of 
thrift shall be taught for at least thirty minutes each week 
in each grade of the elementary and high schools of the 
state. The superintendent of pubhc instruction shall pre- 
pare an outline for a course of study in thrift for both the 
elementary and the high schools of the state. 

HISTORY.— R. S. § 4007; 75 v. 513, § 50; 95 v. 116; 97 v. 358; 99 v. 85; 
104 V. 225 (228); 108 v. Pt. I 542; lOS v. Pt. II 1283. 

Under the provisions of G. C. Sec. 7645 (108 O. L., 1283), 
all boards of education are required to prescribe a graded course 
of study for all schools under their control in the branches 
named in G. C. Sec. 7648, but such courses of study are subject to 
the approval of the superintendent of public instruction. Op. Atty. 
Gen. (1920), p. 1053. 

In the prescribing of a course of study for its school district, 
as provided in section 7645 G. C., a board of education is author- 
ized to direct the superintendent employed by the board to formulate 
or submit to the board a course of study which will conform to 
the text books adopted by the board of education for use in 
that district. 

A board of education has the power to adopt the necessary 
rules and regulations for the government of the schools and the 
employes of the board and for enforcing the rules and regulations 
thus adopted, and a board of education is authorized to direct 
that the superintendent employed by the board shall formulate 
tinal examination questions based upon the text books adopted 
by the board and used by the pupils in the district. 

Text books for use in schools are adopted by the local board 
of education in accordance with section 7713 G. C. and the 



SCHOOLS AND ATTENDANCE 33 1 

board of education is required to prescribe a graded course of 
study for all the schools under its control under authority of 
section 7645 G. C, but such course of_ study is subject to the 
approval of the superintendent of public instruction. Op. Atty. 
Gen., Sept. 3, 1921, No. 2392. 

See opinions of Attorney General (1919), p. 1048, cited under 
Sec. 7762-1. 

Section 7646. The board of education of each rural Elementary 
school district shall establish and maintain at least one maStliS ^^ 
elementary school in each subdistrict under its control, 
unless transportation is furnished to the pupils thereof as 
provided by law. 

history.— R. S. § 4007; 75 v. 513, § 50; 95 v. 116; 97 v. 358; 99 v. 85; 
104 V. 225 (228). 

Under the provisions of Section 7684 G. C, taken in con- 
nection with the provisions of Sections 7644 and 7646 G. C, the 
board of education of a rural school district has authority, in the 
exercise of its discretion, to transfer all the pupils in any grade 
from one subdistrict school to an adjoining subdistrict school 
within said rural district by giving sufficient notice to said pupils 
of such assignment, subject, however, to the provisions of the first 
part of Section 7731 G. C.,^ and to the further provisions of 
Section 7735 G. C. If, however, said board of education, acting 
under authority of Section 7731 G. C. provides transportation 
for all of the pupils affected by such order of assignment said 
pupils may not exercise the right conferred by the provisions of 
section 7735 G. C. Op. Atty. Gen. (1915), p. 2107. 

The provisions of the first part of Section 7731 G. C., as 
amended in 104 O. L., 140, taken in connection with the provisions 
of Section 7646 G. C., as amended in 104 O. L. 228, makes it the 
duty of the board of education of a rural school district to provide 
transportation for those pupils residing in that part of said rural 
district formerly known as a subdistrict of said rural school 
district, and living more than two miles from the school maintained 
by said board of education in said part of said rural school district. 
Op. Atty. Gen. (1915), p. 2398. 

Section 7647. The board of education in any city Normal 
school district may establish and maintain a normal school ^^°°^- 
within its district, and also establish and maintain such sum- 
mer or vacation schools, school gardening and play grounds 
as to it seems desirable. 

history.— R. S. § 40O7; 75 v. 513, § 50; 95 v. 116; 97 v. 358; 99 v. 85. 

Section 7647-1. The board of education of any school Maintenance 
district may establish and maintain part-time schools or °^jjj^f* *jj"^ 
classes for the further education of children who are em- classes; hoA 
ployed on age and schooling certificates. Such schools and 
classes shall be conducted not fewer than four hours per 
week while in session, and for not fewer than one hundred 
•forty-four hours per calendar year between the hours of 
seven in the morning and six in the afternoon, excluding 
Saturday afternoon and Sunday. Such schools and classes 
shall be conducted under such standards as the superin- 
tendent of public instruction may prescribe. Boards of 
education shall have power to provide for the expense of 
such schools and classes the same as for the expense of 
ordinary elementary schools. 

HISTORY.-109 V. 376. 



conducted; 
expenses. 



Z2>^ 



SCHOOLS AND ATTENDANCE 



Elementary 

school 

defined. 



Section 7648. An elementary school is one in which 
instruction and training are given in spelHng, reading, 
writing, arithmetic, English language, English grammar and 
composition, geography, history of the United States, includ- 
ing civil government, physiology and hygiene. Nothing 
herein shall abridge the power of boards of education to 
cause instruction and training to be given in vocal music, 
drawing, elementary algebra, the elements of agriculture 
and other branches which they deem advisable for the best 
interests of the schools under their charge. 

HISTORY.— R. S. § 4007-1; 95 v. 115; 97 v. 359. 

The board of education of a city school district may establish 
and maintain an elementary school in the general city hospital 
and contract with a teacher to give instruction in the branches 
mentioned in Section 7648 G. C, to children who are residents of 
said city district and who are confined in said hospital. Op. Atty. 
Gen. (1916), p. 122. 

Sections 7762-1 and 7762-2 of the General Code which be- 
come effective in September, 1919, contain no provisions which 
prohibit catechetical instructions in the German language in Sunday 
Schools conducted by religious denominations. 

A summer school which is held when another term of school 
is not in session is governed by the same laws which govern the 
regular term or ^-session of school. 

The German language shall not be taught below the eighth 
grade in any of the elementary schools, private or parochial schools, 
or schools maintained in connection with benevolent or correctional 
institutions in this state. Op. Atty. Gen. (1919), p. 676. 

See Opinions of Attorney General (1919), p. 1043, cited under 
Sec. 7762-1. 



High school 
defined. 



Section 7649. A high school is one of higher grade 
than an elementary school, in which instruction and train- 
ing are given in approved courses in the history of the 
United States and other countries ; composition, rhetoric, 
English and American literature ; algebra and geometry ; 
natural science, poltical or mental science, ancient or modern 
foreign languages, or both, commercial and industrial 
branches, or such of the branches named as the length of 
its curriculum makes possible. Also such other branches of 
higher grade than those to be taught in the elementary 
schools, with such advanced studies and advanced reviews 
of the common branches as the board of education directs. 

HISTORY.— R. S. § 4007-2; 95 v. 115. 

A high school diploma is not legal which is granted to a 
person who was never a member of the high school which granted 
the diploma and if the person had never performed the work 
required by the curriculum of the said high school, or any part 
of it, or its equivalent, and never did any regular school work 
beyond the grade schools. _ Op. Atty. Gen. (1914), p. 1259. 

All courses of study in high schools must be in compliance 
with Section 7649 G. C. 

A pupil cannot be discriminated against in his general standing 
in school because he does* not join a military unit in such school. 
Op. Atty. Gen. (1919), p. 653. 

A county board of education has no right under Section 
7610-1 G. C. (197 O. L. 623) to establish a high school in a village 
district, when the village board of education refuses to do so. 
Op. Atty. Gen. (1917), p. 1640. 

See Opinions of Attorney General (1919), p. 947, cited under 
Sec. 7821. 



SCHOOLS AND ATTENDANCE 333 

Section 7650. A college is a school of a higher grade college 
than a high school, in which instruction in the high school defined, 
branch'es is carried beyond the scope of the high school 
and other advanced studies are pursued, or a school in which 
special, technical or professional studies are pursued, and 
which, when legally organized, may have the right to con- 
fer degrees in agreement with the terms of the law regulat- 
ing its practices or its charter ; or in the absence of legis- 
lative direction, in agreement with the practices of the bet- 
ter institutions of learning of their respective kinds in the 
United States. 

history.— R. S. § 4€07-3; 95 v. ns. 

Section 7651. The high schools of the state shall be High schools 
classified into schools of the first, second and third grades. fjf/mui|fi^n of 
The superintendent of public instruction shall formulate standards and 
standards under which the high schools of .the state shall ^° ^^^^^' 
be administered. The superintendent of public instruction 
shall formulate a policy for the recognition of intermediate 
schools (junior high schools) and for public schools divid- 
ing their course as follows : six years elementary, three 
years intermediate and three years high school. Graduates 
of intermediate schools shall be given such high school 
credit as the superintendent of public instruction may direct. 

history.— R. S. § 4007-4; 95 v. 116; 107 v. 621 (624). 

Section 7652. A high school of the first grade shall First grade, 
be a school in which the courses offered cover a period of 
not less than four years, of not less than thirty-tw^o weeks 
each, in wdiich not less than sixteen courses are required 
for graduation. 

history.— R. S. § 4007-4; 95 v. 116. 

See opinions of Attorney General No. 1904 (1921), cited under 
Sec. 1303-1. 

Section 7653. A high school of the second grade shall second grade, 
cover a period of not less than three years, of not less than 
thirty-two weeks each, in which not less than twelve courses 
of study are required for graduation. 

history.— R. S. § 4007-4; 95 v. 116. 

Section 7654. A high school of the third grade shall Third grade, 
cover a period of not less than two years, of not less than 
tw^enty-eight weeks each, in which not less than eight 
courses of study are required for graduation. 

history.— R. S. § 4007-4; 95 v. 116. 

Section 7654-1. A county normal school may be estab- county 
lished by a county board of education, with the approval of "chJits- 
the superintendent of public instruction in any school dis- furniture, 
trict of the county which maintains a first grade high school, IqSFpmen?."^ 
provided the board of education of the city, exempted vil- 
lage, village or rural school district in which the county 
normal school is proposed to be established agrees by resolu- 
tion to furnish rooms, seats, heat, light, janitor service and, 



334 



SCHOOLS AND ATTENDANCE 



Joint 



as far as possible, opportunities for practice teaching and 
observation necessary for the school. 

Two or more county boards of education may estab- 
Soofs."°^"^^ lish a joint county normal school under like conditions, in 
which case the expense to be borne by the county boards of 
education shall be apportioned as agreed between them. 

County and city boards of education, or county 'and ex- 
empted village boards of education may estabhsh joint 
county normal schools under like conditions, in which case 
the expense of such a school ordinarily borne by the county 
board of education shall be apportioned as agreed between 
them. 

The county board of education shall furnish such sup- 
plies, such equipment and such furniture as are not other- 
wise furnished. The expense thereof shall be paid by the 
county board of education from its contingent fund. 

HISTORY.— 104 V. 155; 108 v. Pt. I 233; 109 v. 591. 

A board of education which maintains no high school is liable 
for tuition of a high school pupil who attends high school in a 
district other than in the district of the residence of such pupil, 
due notice in writing being given to the clerk of the board of 
education wherein said pupil resides of the name and the school 
to be attended and the date the attendance is to begin, even if 
such pupil at the same time attends the normal department of such 
high school in addition to the regular high school attendance. Op. 
Atty. Gen. (1918), p. 24. 



Supplies and 
equipment, 
payment of 
expense. 



One year 
course for 
teachers; en- 
trance re- 
quirements. 



Employment 
of director 
and assistant. 



Section 7654-2. Each county normal school shall 
offer a one-year course for the preparation of teachers. The 
entrance requirements to such schools shall be fixed by the 
superintendent of public instruction. Such schools shall be 
open without tuition charge to all qualified residents of 
the state. 

HISTORY.— 104 V. 155 (166); 108 v. Pt. I 233 (234); 109 v. 591. 

Section 7654-3. A director and with the approval of 
the superintendent of public instruction, an assistant or 
assistants shall be employed for each county normal school. 
Such director and assistants shall be employed by the county 
board of education upon nomination of the county superin- 
tendent with approval of the superintendent of public in- 
struction. 

HISTORY.— 104 V. 155 (156) ; 108 v. Pt. I 233 (234) ; 109 v. 691. 



Practice 
teaching 
classes^ shall 
be maintained. 



Salary of 
driector and 
assistants, 
how fixed. 



Section 7654-4. Each county normal school shall 
maintain practice teaching classes and shall be authorized to 
arrange with different boards of education for observation 
and practice teaching privileges in the schools under their 
control. 

HISTORY.— 104 V. 155 (156); 108 v. Pt. I 233 (234); 109 v. 591. 

Section 7654-5. The county boards of education of 
the counties in which such county normal schools are located 
shall, with the approval of the superintendent of public in- 
struction, fix the salaries of the directors and assistants and 
shall receive annually from the state fifteen hundred dollars 



SCHOOLS AND ATTENDANCE 335 

to be applied to the payment of the salary of each director, 
one thousand dollars to be applied to the payment of the 
salary of each assistant or the amount of each such salary 
if less than twelve hundred dollars, and not to exceed two 
hundred dollars for each school to be used for such other 
expenses and improvements of the county normal school as 
may be directed by the superintendent of public instruction. 
All expense in excess thereof, not paid by the local board 
of education, shall be paid by the county board of educa- 
tion from its contingent fund, and if there be a joint county 
normal school the amount apportioned to the other par- 
ticipating boards shall be paid by them to the county board 
of education of the county in which the normal school is 
located and placed in its contingent fund to be paid out for 
the specific purpose. 

HISTORY.— 104 V. 155 (156); 108 v. Pt. I 233 (234); 109 v. 592. 



Section 7654-5a. Each state normal school shall main- state normal 
tain a curriculum which shall be supplementary to the cur- mafntii?^^^ 
riculum of the county normal schools of the state, so that curriculum, 
attendance with successfuh pursuit of the work in the state 
normal school shall enable a graduate of a county normal , 

school who- is a graduate of a first grade high school to 
secure in a year of not more than thirty-eight weeks in 
length, a diploma of graduation from a standard two-year 
normal course. 

HISTORY.-1O0 V. 592. 

Section 7654-6. There shall be established in the col- Department of 
lege of education of the Ohio State University and in each an^'surve*^b^ 
of the normal schools and colleges which are maintained o. s. u. and 
either wholly or in part by state funds, a department of aid^^oikgel^ 
efficiency tests and survey. Such departments shall at the fJ^Pg^tg ^^ 
request of the superintendent of public instruction assist 
him in working out efficiency methods in school administra- 
tion, and in conducting co-operative school surveys. 

HISTORY.— 104 V. 155 (156). 

Section 7654-7. Each of the state normal schools at state normal 
Athens, Oxford, Bowling Green, and Kent shall be author- ^"^P^}^. t° 

1 '111 f 1 • r II'' mafntain 

ized to arrange with boards of education of rural districts modern rural 

to assume the management of one-teacher rural schools, or 

oi rural schools having two or more teachers, or both types 

of rural schools and to maintain such schools as model 

rural schools. In no case shall there be more than one of 

each type of such rural schools established in a rural school 

district nor more than six model rural schools established 

by any state normal school. Each state normal school which 

complies with the provisions of this section subject to the 

approval of the superintendent of public instruction shall 

receive five hundred dollars annually from the state for 

each class room of such model schools when vouchers 

therefor have been approved by the superintendent of public 

instruction and each of said normal schools shall also be 

authorized to arrange with the boards of education of vil- 



schools. 



336 



SCHOOLS AND ATTENDANCE 



Elementary 
grade. 



What consti- 
tutes ele- 
mentary rural 
school of 
second grade. 



What consti- 
tutes rural 
elementary 
school of 
first grade. 



lage and city school districts to assume the management of 
all the schools of the district or districts or such part of 
them as may be necessary to provide adequate facilities for 
practice teaching by the students of said normal school, and 
providing the number of rooms for which such appropria- 
tion is made does not exceed six for each state normal 
school. 

HISTORY.— lOi V. 155 (156); 107 v. 627. 

A board of education of a city school district may assign the 
youth of such district to the various schools located therein and 
may arrange with the trustees of a state normal college to assume 
the management of certain schools of such district, not to exceed 
six rooms thereof. Op. Atty. Gen. (1917), p. 1938. 

The boards of trustees of the several state normal schools 
mentioned in Section 7654-7, General Code, are the proper custodians 
of the moneys paid by the state for model rural schools pursuant 
to said section. Said moneys should be disbursed upon the approval 
of said boards of trustees, and not otherwise. Primarily, such 
moneys should be applied to maintenance of said model schools, 
but any excess remaining after such purpose is satisfied may be 
disposed of for such other school purposes as the boards of trustees 
of said state normal schools think proper. Op. Atty. Gen, (1920), 
p. 283. 

Section 7655. Public schools of a less grade shall be 
denominated as elementary schools. A course of study shall 
consist of not less than four recitations a week continued 
throughout the school year. 

HISTORY.-R. S. § 4007-4: 



95 



116. 



Section 7655-1. Every one room school in any rural 
school district where the school house and outbuildings are 
kept in proper condition and repair, buildings and yard 
clean, and separate screened privies are maintained for each 
sex, shall be considered a rural elementary school of the 
second grade. 

HISTORY.-104 V. 125 (127). 

Section 7655-2. Each one room school in any rural 
school district which shall fulfill the requirements of this 
section shall be considered a rural elementary school of the 
first grade. Such requirements are as follows : 

(a) Clean buildings and yard. 

(b) Building in good repair. 

(c) Separate screened privies for each sex or inside 
toilets. 

(d) Maps of Ohio and United States. 

(e) Library of not less than 50 volumes. 

(f) 100 square feet of slate or composition black- 
board. The lower margin of not less than twelve lineal 
feet of which board, shall be within two feet of the floor. 

(g) A system of heating with ventilation — minimum 
a jacketed stove. 

(h) Buildings hereafter constructed to have in con- 
nection with them not less than one acre of land for 
organized play. 



SCHOOLS AND ATTENDANCE 337 

(i) Teacher with at least a three-year certificate. 
(J) Agricultural apparatus to a value of at least 
fifteen dollars. 

HISTORY.-104 V. 125 (127). 

Section 7655-3. Each consolidated school in any vil- what consti- 
lage or rural school district which shall fulfill the require- ^^^^^ ^e°ie-^°^*' 
ments of this section shall be considered a consolidated mentary school 
elementary school of the second grade. vSuch requirements grade.^°" 
are as follows : 

(a) Clean building and yard. 

(b) Building in good repair. 

(c) Separate screened privies for each sex or inside 
toilets. 

(d) Library of not less than 100 volumes. 

(e) 100 square feet of slate or composition black- 
board. The lower margin of not less than twelve lineal 
feet of which board, shall be within two feet of the floor. 

(f) A system of heating with ventilation — minimum 
a jacketed stove. 

(g) Buildings hereafter constructed to have at least 
two acres of land for organized play and agricultural ex- 
periment. 

(h) At least two rooms and two teachers orl. full time 
one of whom must have at least a three-year certificate. 

(i) One teacher to be employed for ten months each 
year giving part of his or her. time during the school year 
to the teaching of agriculture or domestic science or both 
and during part of vacation supervise agricultural work of 
boys and domestic art work of the girls. 

(j) Agricultural apparatus to the value of at least 
twenty-five dollars. 

(k) A case of not less than six maps including a map 
of Ohio. 

HISTORY.-104 V. 125 (127). 

Section 7655-4. Each consolidated school in any vil- what consti- 
lage or rural school district which shall fulfill the require- ^^*|^ ^°i"^°^^" 
ments of this section shall be considered a consolidated mentary school 
elementary school of the first grade. Such requirements °^ ^^^^ "^^'^^" 
are as follows : 

(a) Clean building and yard. 

(b) Building in good repair. 

(c) Separate screened privies for each sex, or inside 
toilets. 

(d) A case of not less than six maps including a map 
of Ohio. 

(e) Library of not less than 150 volumes. 

(f) 100 square feet of slate or composition black- 
board. The lower margin of not less than twelve lineal feet 
of which board, shall be w^ithin two feet of the floor. 

[(g)] (^) A system of heating with ventilation — 
minimum a jacketed stove. 

22 s. L. 



338 



SCHOOLS AND ATTENDANCE 



(h) Buildings hereafter constructed to have at least 
three acres of land in connection with each school one for 
agriculture and school garden purposes. 

(i) Three rooms and three teachers or more on full 
time, one teacher to have at least a three-year certificate. 

(j) A course in domestic science. 

(k) Two teachers to be employed for ten months 
each, one teaching agriculture during the school term and 
to supervise agriculture during part of the vacation. The 
other to teach domestic science during the school term and 
to supervise domestic science instruction during part of the 
vacation. 

(1) Agricultural and domestic science apparatus to 
(to) the value of at least one hundred dollars. 

HITORY.— 104 V. 125 (128). 



Who admitted 
to any high 
school without 
examination. 



Section 7655-7. The holder of a certificate of gradua- 
tion from any one-room rural school of the first grade or 
of any consolidated rural school which has been recognized 
shall be entitled to admission to any high school without 
examination. -Graduates of any elementary school shall be 
admitted to any high school without examination on the 
certificate of the county superintendent or assistant county 
superintendent. 

HISTORY.— 104 V. 126 (129); 109 v. 244. 

See opinions of Attorney General No. 2324 (1921), cited under 

Sec. 7690. 



Metal placard 
showing grade 
of rural 
school. 



Section 7655-8. The superintendent of public instruc- 
tion shall furnish the boards of education in the village and 
rural school districts metal placards which shall be placed 
on the various school buildings showing the grades of such 
schools. 



history.— 104 V. 125 (129). 



Diploma 
granted to 
graduates. 



Section 7656. A diploma must be granted by the board 
of education to any one completing the curriculum in any 
high school, which diploma shall state the grade of the high 
school issuing it as certified by the superintendent of public 
instruction, be signed by the president and clerk of the board 
of education, the superintendent and the principal of the 
high school, if such there be, and shall bear the date of 
its issue. 

history.— R. S. § 4007-5; 95 v. 116; 104 v. 225 (229). 

A high school diploma is not legal which is granted to a 
person who was never a member of the high school which granted 
the diploma and if the person had never performed the work 
required by the curriculum of the said high school, or any part of it, 
or its equivalent, and never did any regular school work beyond the 
grade schools. Op. Atty. Gen. (1914), p. 1259. 

A pupil who completes the course of study prescribed by the 
board of education is considered a graduate even though his diploma 
has been withheld from him and the board of education of such 
pupil's residence must pay his tuition at a high school the same as 
though he had received said diploma. 



SCHOOLS AND ATTENDANCE 339 

A diploma must be granted to any one who completes the 
curriculum in any high school. 

The statute which required a pupil to deliver an oration or 
declamation, or read an essay at a commencement exercise before 
such pupil was entitled to a certificate of graduation, has been 
repealed. 

If the board of education has included in its course of study 
the writing of a thesis and a pupil refuses to write such thesis, 
the said pupil is not a graduate of such school and is not entitled 
to his diploma. Op. Atty. Gen. (1918), p. 1327. 

Section 7657. A certificate shall also be issued to the certificate as 
holder of each diploma in which shall be stated the grade gJh^Jf^® °^ 
of the high school, the names and extent of the studies pur- 
sued and the length of time given to each study to be cer- 
tified to in the same manner as set forth for a diploma. 

HISTORY.— R. S. § 40O7-5; 95 v. 116. 

Section 7658. A holder of a diploma from a high Admission to 
school of the first grade may be admitted without examina- ^^hooi.^'Tofiege 
tion to any college of law, medicine, dentistry, or pharmacy or university, 
in this state, when the holder thereof has completed such 
courses in science and language as are prescribed by the 
legally constituted authorities regulating the entrance re- 
quirements of such college; except such institutions priv- 
ately endowed which may require a higher standard for 
entrance examinations than herein is provided. After Sep- 
tember I, 191 5, the holder of a diploma from a first grade 
high school shall be entitled to admission without examina- 
tion to the academic department of any college or uni- 
versity which is supported wholly or in part by the state. 

HISTORY.— R. S. § 4007-5; 95 v. 116; 104 v. 125. 

~A person holding a diploma from a first grade high school 
is entitled to admission without condition to the academic department 
of any college or university supported in whole or in part by the 
state in which institution is maintained a teachers' training or 
normal school. Op. Atty. Gen. (1916), p. 1969. 

See Opinions of Attorney General No. 1904 (1921), cited under 
Sec. 1303-1. 

Section 7659. A holder of a diploma from any grade who eligible 
of high school or of a teacher's certificate from a county or natSn^foJ^S^- 
city board of teachers' examiners, when he has pursued his mission to bar 
studies under private tutorage or in an office, shall be eligible pJofesslSna^i 
to take the examination for admission to the practice of ^p°ijjn. ^^' 
law or to take the examination prescribed to enter a college 
of law, medicine, dentistry or pharmacy; except such insti- 
tutions privately endowed, which may require a higher 
standard for entrance examinations than herein is provided. 

HISTORY.— R. S. § 40O7-5; 95 v. 116. 

Section 7660. The clerk of the board of education of information to 
each district in which a high school is established and main- superintendent 
tained shall furnish to the superintendent of public instruc- instruction 
tion definite and accurate information concerning the length fchoois!*^^ 
of time necessary for the completion of th^ high school 
curriculum or curriculums, the courses of instruction oflFered 



340 



SCHOOLS AND ATTENDANCE 



Certificate as 
to grade of 
high school; 
withholding 
approval. 



therein, and such other information as the superintendent of 
pubhc instruction requires in relation to the high school 
work of the district, and in the form and manner he pre- 
scribes. Such information shall be filed when high schools 
are established or any changes made in curriculums. 

HISTORY.— R. S. § 4007-6; 95 v. 117; 104 v. 225 (229). 

Held that Ohio University is not authorized to establish a 
school, although it ma}^ be designated a high school, and have its 
standard fixed by the superintendent of public instruction as a 
high school and receive a certificate from him as to the standard 
of such school. 

This school so established by the Ohio University not being a 
part of the public school system of the state, the teachers therein 
would not be required to hold teachers' certificates before being 
qualified to teach. Op. Atty. Gen. (1917), p. 2394. 

Section 7661. Upon examination of the information 
thus filed, or after personal inspection of work done if he 
deems this advisable, or both, the superintendent of public 
instruction shall determine the grade of each such high 
school and, under the seal of his office, certify to the clerk 
of the board of education his finding as to the grade of the 
high school maintained by such board. But he may with- 
hold his approval of any curriculum, when it appears to 
him that it does not comply with legal and reasonable re- 
quirements. When it appears that any curriculum, already 
approved, has been so modified as to change the grade of 
the high school, either by advancing or reducing its grade, 
the superintendent of public instruction shall certify his 
finding and all diplomas issued thereafter shall bear the 
grade so designated by him. 

HISTORY.— R. S. § 4007-6; 95 v. 117; 104 v. 225 (229). 

See Opinions of Attorney General No. 1904 (1921), cited 
under Sec. 1303-1. 

Penalty for Section '/662. No school shall be considered a high 

failure to give school that has uot furnishcd the information and received 

mtormation. ^ . , ., , , • i i i 

a certmcate as provided above, nor be entitled to the 
privileges and exceptions provided by law for high schools. 

history.— R. S. § 4O07-6; 95 v. 117. 

Any board of SECTiaN 7663. A board of cducatiou may establish one 

estlbHsh" ^^^ °^ more high schools, whenever it deems the establishment 
high school. of such school or schools proper or necessary for the con- 
venience or progress of the pupils attending them, or for 
the conduct and welfare of the educational interests of the 
district. 

history.— R. S. § 4009; 75 v. 513, § 50; 79 v. 37; 95 v. 117. 

The provisions of this section together with those of Sections 
7748, 7750 and 7751, General Code, were considered by the court in 
the case of State ex rel. vs. Bushnell, 95 O. S. 203. where it was 
held that the board of education of a village school district not 
maintaining a high school, was not required to pay the tuition of 
pupils resident therein who attended high school elsewhere. 

A board of education of the school district is not required 
by the provisicms of this section to establish a high school therein, 
and a county board of education has no right under Section 



SCHOOLS AND ATTENDANCE 



341 



7610-1 G. C, 107 O. L. 623, to establish a high school in a village 
school district when the village board of education refuses to do so. 
Op. Atty. Gen. (1917), p. 1640. 

See opinions of Attorney General, No. 2949 (1922), cited under 
Sec. 7749. 

Section 7664. Such school or schools, when estab- Discontinuance 
lished, shall not be discontinued under three years from the ^^^^^°^- 
time of their establishment, except by a vote of three- 
fourths of all the members of the board. of education of the 
district, at a regular meeting. 



history.-r. s. 



Jo V. 513, § 50; 79 v. 37; 95 v. 117. 



Section 7665. When a township board of education Management 
establishes and maintains a high school or high schools of^^towSshii 
within the district under its control, it shall have the man- high schools, 
agement and control thereof, and may employ and dismiss 
teachers, and give certificates of such employment, and for 
services rendered, directed to the township clerk. 

history.— R. S. § 4009-1; S8 v. -184, § 1; 95 v. 117, § 4009-1. 

Section 7666. Suclr board of education shall build, schooi-houses. 
repair, add to and furnish the necessary schoolhouses, pur- 
chase or lease sites therefor, or rent suitable rooms, and 
make all other necessary provisions relative to such schools 
as may be deemed proper. 

history.— R. S. § 4009-1; 88 v. 484, § 1; 95 v. 117, § 4O09-1. 

Section /GGy. Such board of education may regulate Admission 
and control the admission of pupils from the elementary ^^ pupils, 
schools under its charge to such high school or high schools, 
according to age and attainments, may admit adults over 
twenty-one years of age, and pupils from other districts on 
such terms and under such rules as it adopts. It shall main- 
tain ^such high school or high schools not less than twenty- 
eight nor more than forty weeks in any school year. 

HISTORY.— R. S. § 4009-1; 88 v. 484, § 1; 95 v. 117, § 4009-1. 

A city board of education may establish and maintain voca- 
tional schools to which adults may be admitted and may erect and 
equip suitable buildings or set apart and use buildings under the 
control of the board of education for such purposes in the same 
manner and within the same limitations as it establishes and main- 
tains buildings for other school purposes. However, said schools 
should not be established for the exclusive use of adult pupils, 
but rather for all who are eligible to attend. Op. Atty. Gen. 1920, 
p. 539. 

See Opinions of Attornev General (1920), p. 751, cited under 
Sec. 7787. 

Section 7668. In rural districts where a high school Estimate of 
or high schools are, or may be established, by the rural board funds needed, 
of education, it annually shall determine by estimate, as county auditor, 
near as practicable, the entire amount of money necessary 
to be expended in the rural district for school and school- 
house purposes, including the paying of teachers in such 
schools the prolonging of the terms of the several elemen- 
tarv schools of the rural district after the state funds have 



342 



SCHOOLS AND ATTENDANCE 



levy J sub 
mission of 
question. 



been exhausted, the erecting, repairing and furnishing of 
schoolhouses, and any other school purposes which amount 
shall be certified in writing to the county auditor, by such 
rural board, on or before the first Monday in June of 
each year. 

HISTORY.— R. S. § 4009-2; 88 v. 484, § 2; 95 v. 117; 104 v. 225 (229). 

Union of dis- SECTION 7669. The boards of education of two or 

school ^pur?^^^ more adjoining school districts, by a majority vote of the 
poses; tax full membership of each board, may unite such districts for 
high school purposes. Each board also may submit the 
question of levying a tax on the property in their respective 
districts for the purpose of purchasing a site and erecting 
a building, and issue bonds, as is provided by law in case 
of erecting or repairing school houses; but such question 
of tax levy must carry in each district before it shall become 
operative in either. If such boards have sufficient money 
in the treasury to purchase a site and erect such building, 
or if there is a suitable building in either district owned by 
the board of education that can be used for a high school 
building it will not be necessary to submit the proposition 
to vote, and the boards may appropriate money. from their 
funds for this purpose. 

HISTORY.— R. S. § 4009-15; 93 v. 281; 95 v. 443; 97 v. 359; 99 v. 462, 
§ 1; 104 V. 226 (229); 107 v. 621 (624); 109 v. 873. 

In the case of State ex rel. vs. School District, 20 O. C. C. 
(N. S.) 423 (Aff. 76 O. S., 637) it was held that an earlier form 
of this section was not subject to any constitutional infirmity, and 
that a township board of education may be compelled to appropriate 
its proportionate share of the expense of the maintenance of a 
joint township high school; and that if such township board fails 
to make the required levy for this purpose, application for relief 
should be made to the county commissioners under section 7610, 
General Code. 

There is no provision of statute whereby joint high school 
districts may be dissolved. Op. Otty. Gen. (1914), p. 1495. 

The boards of education of two adjoining village school dis- 
tricts have no authority in law to unite said village school districts 
for high school purposes. Op. Atty. Gen. (1916), p. 554. 

The question of issuing bonds for the purpose of purchasing 
a site and erecting a high school building, as authorized by section 
7669 G. C., may be submitted at a special election called for that 
purpose or at a regular or general election. 

When the question of issuing bonds is submitted pursuant to 
Sections 7669 and 7625 G. C, it is not required that in addition 
thereto there shall be submitted the question of levying an additional 
tax for high school purposes pursuant to section 5649-5 and 5649-5a 
G. C. 

Bonds authorized by Section 7669 G. C., to be issued for the 
purpose of purchasing a site and erecting a high school building, 
must be issued by each district separately and issue must be 
approved by a majority of the electors voting thereon in each district 
in which the question is submitted. 

A site should be purchased and a high school building erected 
by the boards of education of the several united districts. Op. Atty. 
Gen. (1916), p. 1100. . . 

A village school district and an adjoining rural school district 
uniting for high school purposes under Section 7669 of the General 
Code may issue bonds under said section on a vote of the electors 
of the respective school districts in the manner provided by Sections 
7625, 7626 and 7627 of the General Code for the purpose of erecting 



SCHOOLS AND ATTENDANCE 



343 



a high school building for the joint high school district. Such 
separate issue of bonds by a vote of such school district so united 
for high school purposes will be in compliance with the provisions 
of said section 7669 which requires the submission of the question 
of levjnng a tax on the property in the respective districts so 
joined. Op. Atty. Gen. (1917), p. 247. 

Where districts are united for high school purposes, that act 
alone does not unite such districts for supervision purposes. Op. 
Atty. Gen. (1918), p. 735. 

When a joint high school district is formed for high school 
purposes by a rural school district and an adjoining village school 
district, such combined territory becomes one district for high school 
purposes, and taxes levied for the purchase of a school site and 
erection of a school building, and the support of such high school 
thereafter must be borne by the respective joined districts in pro- 
portion to the total valuation of taxable property in each, not- 
withstanding the fact that the village district has the smallest tax 
duplicate valuation and sends the most pupils. Op. Atty. Gen. 
(1919), p. 483. 

Section 7670. Any high school so established shall be High school 
under the management of a high school committee, con- committee, 
sisting of two members of each of the boards creating such 
joint district, elected by a majority vote of such boards. 
Their membership of such committee shall be for the same 
term as their terms on the boards which they respectively 
represent. Such high school shall be free to all youth of 
school age within each district, subject to the rules and 
regulations adopted by the high school committee, in regard 
to the qualifications in scholarship requisite for admission, 
such rules and regulations to be of uniform operation 
throughout each district. 

HISTORY.— R. S. § 4009-15; 93 v. 281; 95 v. 443; 97 v. 359; 99 v. 462, § 1. 

~ With the exception of the power reserved by the provisions 
of Section 7672 G. C, to the board of education of each of the 
school districts comprising the union for high school purposes, to 
levy a tax and set aside the proceeds of such levy as a separate 
fund for the maintenance of said high school, the joint high school 
committee when properly elected under authority and in com- 
pliance with the requirement of Section 7670 G. C., exercises the 
same powers and performs the same duties in connection with 
said high school as are exercised and performed by the board of 
education of a school district which maintains its own high school. 
Op. Atty. Gen. (1916), p. 772. 

Held on consideration of the provisions of this section and 
those of Section 7671 G. C., that the only authority conferred upon 
the high school committee is that of managing the high school 
established by the boards of education and that the high school 
committee has no authority to purchase a site for and let a contract 
for the erection of a high school building thereon either with or 
without an attempted grant of authority to do so on the part 
of the respective boards of education; and that the title to the real 
estate secured for a site for the high school building should be 
taken in the name of the boards of both districts for the use of 
the joint district for high school purposes. Op. Atty. Gen. (1917), 
p. 247. 



Section 7671. The funds for the maintenance and 
support of such high school shall be provided by appropria- 
tions from the tuition or contingent funds, or both, of each 
district, in proportion to the total valuation of property in 
the respective districts, which must be placed in a separate 



Funds, how 
provided. 



344 



SCHOOLS AND ATTENDANCE 



fund in the treasury of the board of education of the dis- 
trict in which the school house is located, and paid out by 
action of the high school committee for the maintenance 
of the school. 

HISTORY.— R. S. § 40C9-15; 93 v. 281; 95 v. 443; 97 v. 359; 99 v. 462, § 1. 



Certification 
of teachers' 
payroll, etc. 



Section 7671-1. In the case of every joint high school 
established and operating under the authority of sections 
7669, 7670 and 7671, General Code, the county superin- 
tendent of schools shall certify on or before the first day 
of August of each year .the teachers' payroll, the aggregate 
days of attendance, and the personal service item of trans- 
portation costs in connection with such high school to the 
Distribution of couuty auditor, who shall distribute the apportionments on 
on^°a^ccount^"of accouut of tcachcrs' salaries, aggregate days of attendance, 
teachers' sal- and transportation of pupils in such high school as provided 
for in section 7600, General Code, to the school district in 
which it is located. The clerk of the board of education of 
said district upon receipt of such distribution shall draw a 
warrant for the amount of the same, countersigned by the 
president of the board of education, in favor of the treas- 
urer of the joint high school committee. The amount so 
received by the treasurer of the high school committee shall 
be credited on his books to the districts on the basis of the 
proportional enrollment in the joint high school from each 
of the districts participating in support of the same. 

HISTORY.-109 V. 373. 

See opinions of Attorney General, No. 3114 (1922), cited under 
Sec. 7764. 



Dissolution of 
union high 
school dis- 
tricts; pro- 
cedure. 



Section 7671-2. Any union of districts for high school 
purposes as provided in sections 7669, 7670, 7671 and 
7671-1, General Code, may be dissolved upon passage of 
resolutions by one or more of the boards of education of 
the school districts participating in such union denianding 
such dissolution, or upon failure of any one or more of the 
said boards of education to pay their proportion of the 
maintenance of the joint high school, provided that during 
the continuance of such union the obligations, financial and 
otherwise, involved in the acts of the joint high school com- 
mittee shall be binding upon each and all of the participat- 
ing districts. In the event of failure of the boards of educa- 
tion of the participating districts to agree upon the terms 
of dissolution of the union of districts referred to in the first 
part of this section, or when such boards of education fail, 
within sixty days from the time when dissolution has been 
resolved upon to efifect a settlement of property interests and 
indebtedness involved in the establishment and maintenance 
of the joint high school in the case, the county board of 
education of the county in which such joint high school is 
located shall make such adjustments as may in its judg- 
ment be deemed equitable, and the terms of settlement fixed 
by the said county board of education shall be binding upon 
the several school districts concerned. 

HISTORY.— 109 V. 374. 



SCHOOLS AND ATTENDANCE 345 

Section 7672. Boards of education exercising control certification to 
for the purpose of taxation over territory within a joint of"esdn?a"tei*°'^ 
high school district shall determine by estimate the amount to maintain 
necessary for the maintenance of any joint school in 
such territory and shall certify such amount to the county 
auditor in the annual budget as provided in section 5649-3a, 
General Code. All funds derived from I'evies so made 
shall be kept separate and be paid out for the maintenance 
of the school for which they were made. 

history.— R. S. § 4009-15; 93 v. 281; 95 v. 443; 97 v. 359; 99 v. 462, 
§ 1; 104 V. 225 (230); 109 v. 374. 

Section 7673. The school board of any village or Tax levy for 
rural school district or the joint boards of any union of umveSity^n 
districts for high school purposes, in which is located a uni- village, rural 
versity, college, or academy organized or existing under the trict. 
laws of this state, as an institution of learning not for profit, 
and under the management of a board of trustees, or the 
board of any district adjoining that in which such institu- 
tion is located, may levy a tax not exceeding two mills an- 
nually, upon all taxable property within such district for 
the support of such university, college or academy. 

HISTORY.-99 V. .^19, § l; 104 V. 225 (230); 107 v. 548. 

See Opinions of Attorney General (1917), p. 2369, cited under 
Sec. 7991. 

Section 7674. In the event such levy is made, all Who shaii 
holders of a high school diploma obtained from such dis- admisJif(fn.'' *^ 
trict high school shall have the right to attend such uni- 
versity or college for the period of two years, free of tuition, 
and all holders of a certificate from the eighth grade elemen- 
tary schools of each district in which such tax is levied shall 
have the right to attend such academy for the period of 
four years, free of tuition. 

HISTORY.— 99 V. 520, § 2; 107 v. 548. 

See Opinions of Attorney General (1917), p. 2369, cited under 
Sec. 7991. 

Section "j(^J^. The funds arising from such tax levy Disposition of 
shall be turned over to the board of trustees of such uni- ^'^"ds. 
versity college or academy by the county treasurer to be 
expended by them in the conduct of the university, col- 
lege or academy and for no other purpose. 

HISTORY. -99 v. 520, § 3; 104 v. 225 (230). 

Section 7676. The inmates of a county, semi-public inmates shaii 
or district children's home shall have the advantage of the tcS)!.'^"''^'^ 
privileges of the public schools. So far as possible such 
children shall attend such school or schools in the district 
within w^hich such home is located. Whenever this is im- 
possible and a school is maintained at the home, such school 
shall be under the control and supervision of the city, town- 
ship, village or special board of education, having juris- f(!{ioo7^^t°"i °^ 
diction over the school district within which such home is home, 
located. Such board of education shall employ with" the Jq^i^,>5ent^"'^ 



346 



SCHOOLS AND ATTENDANCE 



approval of the superintendent of the home necessary 
teachers, and provide books and educational equipment and 
supplies, and conduct such school in the same manner as a 
public school within the district. The trustees of the home 
shall furnish necessary furniture, fuel and light. 

HISTORY.— R. S. § .4010; 75 v. 613, § 50; 76 v. 75, § 1; 80 v. 217; 103 v. 
864 (896); 107 v. 60 (61). This section as amended in 107 v. 60 (61), in 
effect July 1, 1917. 

Acts relating to children's homes, see G. C. § 3077, et seq., also § 4083, 
et seq. 

The board of education of a school district, in which is located 
a county detention home, established in conformity with section 
1670 G. C, has authority to forbid the attendance of the inmates of 
the county detention home at the public schools of the district, 
since section 1670 G. C, provides that the superintendent and matron 
in a county detention home shall be persons "qualified as teachers 
of children". Op. Atty. Gen. No. 2492, Oct. 20, 1921. 

See Opinions of Attorney General (1920), p. 751 cited under 
Sec. 7787. 



dildren shall 
be given ele- 
mentary edu- 
cation. 



Section 3088. Children of school age who are inmates 
of a county, semi-public or district children's home shall be 
given an elementary education after the manner described 
in section y(i']6. 

HISTORY.—:^. S. § 930b; 99 v.: 186; 90 v. 192; 103 v. 864 (889); 107 
V. 60 (61). The amendment in 107 v. 60 was in effect July 1, 1917. 

See opinions of Attorney General as follows : No. 2492 
■ (1921), cited under Sec. 7676; (1920), p. 751, cited under Sec. 7787. 

Report to SECTION "J^i']"]. On or about the first day of February 

?Snts.^"'^'*°'*'and of August the superintendent of the school district in 
which the inmates of a county, semi-public or district chil- 
dren's home is located shall furnish the county auditor a 
detailed report showing the average per capita cost, of con- 
ducting a school at such home, or the average per capita 
cost, except for improvement and repairs, of all the elemen- 
tary schools in such district in case such inmates attend 
such a school, for the preceding six months. Such report 
shall also give the names and former residence of all in- 
mates in attendance at school, the duration of attendance, 
and such other information as the county auditor may re- 
quire to carry out the provisions of the next section. 

HISTORY.— R. S. § 4010: 75 v. 513, § 50; 76 v. 75, § 1; 80 v. 217; 103 v. 
864 (896); 107 v. 60 (61). This section as amended in 107 v. 60 (61), in 
effect July 1, 1917. 

See Opinions of Attorney General (1920), p. 751, cited under 
Sec. 7787. 

Section 7678. A child who is an inmate of a county, 
semi-public or district children's home and who was previ- 
ously a resident of the school district in which such home 
is located shall be entitled to an education at the expense 
of such school district, but any child who was not a resi- 
dent of such school district shall be educated at the expense 
of the school district of its last residence. Any child who 
was not a resident of the school district within which such 
home is located prior to admission or commitment to such 
home, shall be educated at the expense of the district of its 
last residence. The county auditor upon receipt of the 



Cost of edu- 
cating- inmate, 
how de- 
termined and 
how paid. 



SCHOOLS AND ATTENDANCE 



347 



peti- 



above report from the board of education shall, before 
making a semi-annual distribution of taxes collected, esti- 
mate the amounts chargeable to the various school districts 
for tuition of inmates of such home, and shall transfer to 
the proper school funds such amounts. In case there are inmates from 
inmates from another county, the county auditor of the ^""^'j^'" 
county in which the home is located shall certify the amount 
to the auditor of the county of such children's residence 
who shall forthwith issue his warrant on treasurer of the 
same county for such amount, and shall proceed to appor- 
tion the proper amounts to the various school districts of 
such county in the manner described above. 

HISTORY.— R. S. § 4010; 75 v. 513, § 50; 76 v. 75, § 1; 80 v. 217; 103 v. 
864 (896); 107 v. 60 (61). This section as amended in 107 v. 60 (61), in effect 
July 1, 1917. 

See Opinions of Attorney General (1920), p. 751, cited under 
Sec. 7787. 

Section 7679. In any rural, village, exempted village, organization 
or city district, or part thereof, parents or guardians of 2hoo?s^ 
youth of school age may petition the board of education to tion. 
organize an evening school. The petition must contain the 
names of not less than twenty-five youth of school age who 
will attend such school, and who for reasons satisfactory 
to the board are prevented from attending day school. Upon 
receiving such petition the board of education shall furnish 
a suitable room for the evening school and employ a com- 
petent person who holds a regularly issued teacher's cer- 
tificate to teach it. Such board may discontinue any such 
evening school when the average evening attendance for 
any month falls below twelve. 

HISTORY.— S. & C. 1359; R, S. § 4012; 72 v. 29, § 51; 90 v. 116; 104 v. 
225 (230); 109 v. 553. 

Section 7680. Any person more than twenty-one years Attendance by 
old may be permitted to attend evening school upon such {han°"twenty- 
terms and upon payment of such tuition as the board of one years old. 
education prescribes. 

HISTORY.— R. S. § 4012a; 90 v. 117. 

Section 7681. The schools of each district shall be ^^^ ^^^ ^^ 
free to all youth between six and twenty-one years of age, admitted to 
who are children, wards or apprentices of actual residents when tuition 
of the district, but the time in the school year at which be- b^e^^ci^''rge^d'' 
ginners may enter upon the first year's work of the elemen- and collected. 
tary schools shall be subject to the rules and regulations 
of the local boards of education. Inmates of the proper 
age of county, semi-public and district children's homes 
shall be admitted after the manner described in section 7676. 
The board of education may admit the inmates of a private 
children's home or orphan asylum located in the district, 
with or without the payment of tuition fees, as may be 
agreed upon; provided any child who is an inmate of such 
a home or asylum and previous to admission was a resi- 
dent of the school district in which such home or asylum is 
located shall be entitled to free education ; and provided, any 



34^ SCHOOLS AND ATTENDANCE 

such inmate who attends the public schools was prior to 
admission to such home or asylum a resident of another 
school district of the state of Ohio and a tuition fee is 
charged, the same method of reimbursement shall be fol- 
lowed as is provided in sections 7677 and 7678; and pro- 
vided further, for any such inmate who attends the pub- 
lic schools and who prior to admission to such home or 
asylum was not a resident of the state of Ohio, such home 
or asylum shall pay from its own funds such tuition as may 
be agreed upon. But all youth of school age living apart 
from their parents or guardians and who work to support 
themselves by their own labor, shall be entitled to attend 
school free in the district in which they are employed. 

HISTORY— R. S. § 4013; 70 v. 195, § 71; 77 v. 196; 84 v. 69; 87 v. 317; 
97 V. 360; 102 v. 48; 103 v. 864 (897); 106 v. 489; 107 v. 60 (62). This section 
as amended in 107 v. 60 (62), in effect July 1, 1917. 

On a consideration of this and' other sections of the General 
Code, it was held that a refusal by a board of education to permit 
a pupil who had successfully passed to the next higher grade to 
omit such grade and pass to a still higher one was not a violation 
of the rights of such pupil. Board of Education vs. State, 80 O. S., 
133. 

The phrase "actual residents of the district" occurring within 
the provisions of section 7681 G. C. requires an actual residence in 
fact, or the physical presence and dwelling of the parent or person 
standing in loco parentis to the pupil, for the time being at least, 
within the school district. 

The school residence required by section 7681 G. C. and the 
voting residence required by section 4866 G. C. are not identical. 
Op. Atty. Gen. No. 2817, Jan 24, 1922. 

Section 7681 G. C. provides that the schools of each district 
shall be free to all resident youth of the district between the ages 
of six and twenty-one, no distinction being made as to sex, nor 
as to graduation or other condition. 

Married infant females under the age of twenty-one may- 
attend the schools of the district of which they are residents, but 
may not be compelled to do so under compulsory school law, 
though within com.pulsory school age. Op. Atty. Gen. No. 2495, 
Oct. 24, 1921. 

See Opinions of Attorney General as follows: (1918, p. 927, 
cited under Sec. 7684. No. 2492 (1921), cited under Sec. 7676. 
(1920), p. 751, cited under Sec. 7787. 

Non-resident SECTION 7682. Each board of cducation may admit 

mtild on a Other per SOUS upon such terms or upon the payment of such 
ment of tuition withiu the limitations of other sections of law as it 

^"'*'°"' prescribes. Notwithstanding the provisions of section 7603, 

General Code, money received for tuition shall in all cases 
upon its receipt be placed in the tuition fund. 

HISTORY.— R. S. § 4013; 70 v. 195, § 71; 77 v. 196; 84 v. 69; 87 v. 817; 
97 V. 360; 109 v. 375. 

This section applies to the admission to a high school in a city 
district of a pupil residing in a village district, but does not require 
the board of education of the village district to pay the tuition of 
such pupil. State vs. Bushnell. 95 O. S., 203, 213. 

See opinions of Attornev General, No. 3140 (1922), cited under 
Sec. 7690. 

Crediting of SECTION 7683. AVhcn a youth between the age of six 

^hooi^tax ^^^ twenty-one years or his parent owns property in a 

school district in which he does not reside, and he attends 



SCHOOLS AND ATTENDANCE 349 

the schools of such district, the amount of school tax paid 
on such property shall be credited on his tuition. 

HISTORY.— R. S. § 4013; 70 v. 195, § Yl; V7 v. 196; 84 v. 69; 87 v. 317; 
9Y V. 360. 

This section considered bv court in the case of State vs. 
Bushnell, 95 O. S., 203, 214. 

Section 7684. Boards of education may make such Assignment 
an assignment of the youth of their respective districts to of p"P'1s. 
the schools established by them as in their opinion best will 
promote the interests of education in their districts. 

HISTORY.-R. S. § 4013; 70 v. 195, § 71; 77 v. 196; 84 v. 69; 87 v. 317; 
97 V. 360. 

A board of educatioa has no authority to assign pupils to 
schools outside of the district over which such board has juris- 
diction. 

A board of education may contract under the provisions of sec- 
tion 7734 G. C. with another board of education for the admission of 
pupils into the schools of such other district and such contract is 
in effect an assignment of the pupils to such other district school. 

The consent of parents is not required to make an effective 
assignment of the school youth ^f the school district to the various 
schools therein. Op. Atty. Gen. 1918, p. 927. 

See Opinions of Attorney General (1916), p. 1471, cited under 
Sec. 7735. 

Section 7685. No pupil shall be suspended from suspension 
school by a superintendent or teacher except for such time of^pupSs.^^'°" 
as is necessary to convene the board of education, nor shall 
one be expelled except by a vote of two-thirds of such 
board, and after the parent or guardian of the oiTending 
pupil has been notified of the proposed expulsion, and per- 
mitted to be heard against it. No pupil shall be suspended 
or expelled from any school beyond the current term thereof. 

HISTORY.— R. S. § 4014; 89 v. 96; 70 v. 195, § 71. 

The father of a child entitled to the benefits of a public 
school in the school district where he resides may maintain an 
action for damages for the wrongful expulsion of the child from 
school. Roe vs. Deming, 21 O. S., 666. 

A pupil cannot be expelled from school, except in strict com- 
pliance with statutory provisions governing the subject; but where 
the procedure of the board is in compliance with such statutory 
provisions, the court will not interfere with the sound discretion 
of the school authorities. Brown vs. Board of Education, 6 O. N. 
P., 411. 

Boards of education are authorized by law to adopt and 
enforce necessary rules and regulations for the government of the 
schools under their management and control. And where a rule of 
a board of education provided that if any pupil should fail to be 
prepared with a rhetorical exercise, at the time appointed therefor, 
he or she, unless excused on account of sickness, or other reasonable 
cause, be immediately suspended, it was held that such rule was 
reasonable and that neither the board of education nor the teacher 
was liable in damages for the suspension of a pupil for refusing 
to comply with this rule. Sewell vs. Board of Education, 29 O. S., 
89. 

Section 7686. The board of each district may make vaccination 
and enforce such rules and regulations to secure the vac- of pupils, 
cination of, and to prevent the spread of small-pox among 
the pupils attending or eligible to attend the schools of the 



350 



SCHOOLS AND ATTENDANCE 



Dismissal of 
school on 
holidays. 



Arbor day. 



Temperance 
day in pub- 
lic schools; 
program. 



district, as in its opinion the safety and interest of the pubHc 
require. Boards of health, councils of municipal corpora- 
tions, and the trustees of townships, on application of the 
board of education of the district, at the public expense, 
without delay, shall provide the means of vaccination to 
such pupils as are not provided therewith by their parents 
or guardians. 

HISTORY.— R. S. § 3986; 69 v. 22, § 1. 

The provisions of this section were held to be constitutional 
in the case of State vs. Board of Education, 76 O. S., 297. 

This section confers authority on the board of education to 
make and enforce rules to secure vaccination to prevent the spread 
of smallpox. State ex rel. vs. Barberton, 19 O. C. D., 375; Carr vs. 
Board of Education, 1 O. N. P. (N. S.) 602; State ex rel. vs. 
Board of Education, 7 O. C. C. (N. S.)' 608. 

The exclusion of a child from school for failure to comply 
with the rule of the board of education requiring vaccination does 
not render the parent of such child liable under the compulsory 
education law. State vs. Turney, 12 O. C. C. (N. S.) 33. 

As the board of education may exclude a child from the public 
school if not vaccinated, such exclusion is not an excuse for failure 
to provide an education for such child, and though the parents are 
not liable to prosecution under the compulsory education act, the 
child may be found to be "dependent" and the parents prosecuted 
under section 1654, General Code, tor causing or contributing thereto. 
In re Hargy, 23 O. N. P. (N. S.) 129. 

Section 7687. Teachers in the public schools may dis- 
miss their, schools, without forfeiture of pay, on the first day 
of January, the twenty-second day of February, the thirtieth 
day of May, the fourth day of July, the first Monday in 
September, the twenty-fifth of December, and on any day 
set apart by proclamation of the president of the United 
States, or the governor of this state as a day of fast, thanks- 
giving or mourning. 

HISTORY.— R. S. § 4015; 70 v. 195, § 116; 83 v. 73; 97 v. 360. 
For other holidays, see G. C. §§5976, et seq. 

A teacher cainnot be compelled to teach a number of extra 
days in lieu of holidays ; and when he does so upon requirement of 
the board of education, cannot recover for such additional service. 
Board of Education vs. Parker, 1 App. 114, 21 O. C. C (N. S.) 

280. 

Section 7688. Not later than April the governor of 
the state shall appoint and set apart one day in the spring 
season of each year, as a day on which those in charge of 
the public schools and institutions of learning under state 
control, or state patronage, for at least two hours must give 
information to the pupils and students concerning the value 
and interest of forests, the duty of the public to protect the 
birds thereof, and also for planting forest trees. Such day 
shall be known as Arbor day. 

history.— R. S. § 4015-1; 79 v. 243; 95 v. 38, § 1. 

Section 7688-1. The Friday nearest the sixteenth day 
of January of each year shall be set apart as a day on which 
those in charge of the public schools of the state shall spend 
at least two hours' time to carrying out a temperance day 
program as prepared by the superintendent of public in- 



SCHOOLS AND ATTENDANCE 35^ 

struction; information relative to the history of the tem- 
perance movement and of the physiological value of temper- 
ance shall be given the pupils. Such a day shall be known 
as temperance day. 

HISTORY.— 109 V. 587. 

Section 7689. The school year shall begin on the first school year, 
day of September of each year, and close on the thirty-first ^°^i^' ^"^ 
day of August of the succeeding year. A school week shall 
consist of five days, and a school month of four school 
weeks. 

HISTORY.-R. S. § 4016; 70 v. 215, § 70; 72 v. 181, § 6. 

See Opinions of Attorney General (1W7), p. 2441, cited under 
Sec. 7705. 

Section 7690. Each city, village or rural board of control of 
education shall have the management and control of all of fj^toardf^^"^ 
the public schools of whatever name or character in the dis- powers and 
trict, except as provided in laws relating to county normal 
schools. It may elect, to serve under proper rules and 
regulations, a superintendent or principal of schools and 
other employes, including, if deemed best, a superintendent 
of buildings, and may fix their salaries. 

Provided, that if the board has adopted an annual 
appropriation resolution, as provided by section 4752-1, 
General Code, it may, by general resolution, authorize the 
director or other officer having the powers and duties of 
a director to appoint janitors, superintendents of buildings 
and such other employes as may be provided for in such 
annual appropriation resolution. 

history.— R. S. § 4017; 70 v. 195, § 53; 87 v. 372; 89 v. 96; 89 v. 202; 
91 V. 113; 91 V. 422; 93 v. 48; 97 v. 360; 107 v. 46 (47); 109 v. 377. 

For Other sections more or less germane to the provisions 
of this section, see sections 4750, 4752, 7685 and 7701, General 
Code. 

The statutes vest boards of education with the power to 
appoint teachers for their schools, and in the exercise of this power 
they cannot be interfered with by the courts unless there is a gross 
abuse of the discretionary power given. Youmans vs. Board of 
Education, 13 O. C. C., 207; State ex rel. vs. Township Board of 
Education, 10 O. C. C. 574. 

A board of education in the employment of a teacher has no 
power to authorize him to appoint an assistant. State ex rel. vs. 
Williams, 29 O. S. 161, 164. 

Held, that the promises by a board of education of an increase 
in salary to a superintendent of schools during the term for which 
said superintendent was employed, without a change of duties or a 
new contract, was invalid. Ward vs. Board of Education, 21 O. C. 
C., 699. 

However, a superintendent of public schools appointed by a 
board of education is not a public officer within the provisions of 
the constitution forbidding a change in the salary of public officers 
during their term of office. Ward vs. Board of Education, supra. 

Held, that under the provisions of this section a board of 
education may fix a monthly or yearly salary for a janitor, or it 
may pay him a lump sum annually, out of which he is to pay his 
assistants. State vs. Witt, 3 App. 414; 20 O. C. C. (N S.) 529. 

A board of education has the entire control and management of 
the schools and the school buildings and grounds in its district, 
and such board of education is within its statutory authority in 



352 SCHOOLS AND ATTENDANCE 

exercising its discretion as to the opening of such schools for 
meetings and entertainments held outside of school hours/ Op. 
Atty. Gen. 1920, p. 274. 

In a centralized school district maintaining a high school, the 
centralized school building may be erected to house both elementary 
and high schools, and may contain an auditorium and other rooms 
for such special school activities as are allowed by law at the dis- 
cretion of the board of education. If the board decides to employ 
an architect it may do so before erecting such building, on condition 
that the architect shall receive no pay for services rendered should 
the vote for a bond issue fail, provided, of course, that such 
services are for an amount reasonable and customary in such cases 
and having in mind the limitations imposed by section 5660, G. C. 
Op. Atty. Gen. 1920, p. 884. 

A board of education may not avoid the effect of section 7690 
General Code by declaring a special vacation. Teachers are entitled 
to pay for time lost owing to epidemic, but such time is not presumed 
to be on hoHdavs when schools are ordinarilv closed. Op. Atty. 
Gen. (1919), p. 43. 

Where a teacher is allowed to teach without the certificate 
demanded by statute, with and under full knowledge of the board 
of education, as well as the clerk of the board, the members of 
the board of education participating in such illegal act, the clerk of 
such board and the person receiving misappropriated funds under 
such illegal employment, are liable for an}- compensation paid 
from school funds to such person without certificate. Op. Atty. 
Gen. (1919), p. 187. 

School janitors cannot col^ect salary for days on which no 
service was rendered, where schools have been closed by the Board 
of Health on account of epidemic. 

Boards of education can issue bonds under 5656 General Code 
to fund obligations which are existing, valid and binding at the 
time, though the tax limitation may have been reached. (5p. Attv. 
Gen. (1919), p. 441. 

Under section 12946-1 General Code boards of education are 
not required to pay school janitors semi-monthly, but have the 
privilege of doing so under section 76.90 General Code. Op. Atty. 
Gen. (1919), p. 468. 

Teachers who were paid once for a school day are not entitled 
to a second pay from the board of education, which has pur- 
chased their time and can assign them as it seems fit under section 
7690. Salaries of teachers ill with contagious disease cannot be 
withheld by a board of education and the board must provide 
substitutes. Op. Att5\ Gen. (1919), p. 576. 

Under 7690 General Code a board of education may use its 
contingent fund in the payment of a superintendent, after the 
tuition fund has proved inadequate. Op. Atty. Gen. (1919)^ p. 1007. 

Where a board of education employs a teacher for a fixed 
term at a definite salary, and such teacher is compelled to be out 
of school with a contagious disease, and subsequenth^ resumes teach- 
ing work for the board, the teacher is entitled to be paid for the 
time necessarily lost on account of such sickness. 

Under section 7690 General Code the board of education has 
full control of the management of the schools of the district and 
can grant reasonable leaves of absence to teachers who are ill with 
a disease that is not contagious, if it sees fit to do so, but such 
leaves of absence must be reasonable in length of time. Op. Attv. 
Gen. (1919), p. 1134. 

Where a board of education by resolution provides that in 
addition to the salar}- schedule adopted there shall be paid the sum of 
§5.00 to the principal of each building for each and every thousand 
aggregate days of attendance of the pupils of such building, such 
additional amount earned by the principal under the resolution of 
the board of education is a portion of the aggregate salarv^ set by 
the board of education for the principal, and ma}^ be legally paid 
by the board of education. Op. Atty. Gen. No. 2352, Aug. 20, 1921. 



SCHOOLS AND ATTENDANCE 353 

A rural board of education is without authority to elect a 
superintendent of schools under the general language of section 
7690 G. C, since the General Assembly has provided for county 
supervision of schools by a county superintendent and such assistant 
county superintendents as may be elected by the county board of 
education. Op. Atty. Gen. No. 2324, Aug. 12. 1921. 

A board of education in fixing the salary of its superintendent 
of schools may not fix such salary at a specified amount and provide 
that in addition thereto the superintendent shall receive a certain 
percentage of the foreign tuition collected, for the reason that such 
payment would not be a "fixed" salary as intended by section 7690 
of the General Code, and such superintendent is not a bonded 
employe of the district. 

The duty of receiving school funds is imposed upon the 
treasurer of the school district and under the provisions of section 
7682 G. C. (109 O. L., 373) all money received for tuition from 
foreign district shall in all cases, upon its receipt, be placed in the 
tuition fund. Op. Atty. Gen. No. 3140, May 25, 1922. 
See Opinions of Attorney General as follows : 

(1916), p. 1471, cited under Sec. 7735. 

(1918), p. 659, cited under Sec. 7691. 

No. 2492 (1921), cited under Sec. 7676. 

(1917), p. 729, cited under Sec. 7871. 

No. 2693, (1021), cited under Sec. 7764-1. 

(1919), p. 187, cited under Sec. 7830. 

(1919), p. 187, cited under Sec. 7786. 

(1915), p. 2089, cited under Sec. 7718. 

(1917), p. 1187, cited under Sec. 7703. 

No. 1813 (1921), cited under Sec. 7694. 

(1918), p. 85, cited under Sec. 7877. 

Section 7690-1. Each board of education shall fix the salaries of 
salaries of all teachers v^hich may be increased but not f^^}^ll:, \°Xi 

........ . . I'll • • fixed and paid. 

diminished during the term for which the appointment is 
made. Teachers must be paid for all time lost w^hen the 
schools in which they are employed are. closed owing to an 
epidemic or other public calamity. 

HISTORY. — 109 V. 377. For a section analogous to the section bearing 
this nutnber in P. & A. Code, see G. C. § 486-8, which was 106 v. 40O (404); 
103 v.. 698 (701), § 8, P. & A. Code, p. 7690-1, which was 101 v. 154, was re- 
pealed in 103 V. 698 (713), § 32. 

See opinions of Attorney General as follows: 
(1919), p. 576, cited under Sec. 7690. 
(1919), p. 1134, cited under Sec. 7690. 

Section 7691. No person shall be appointed as a Terms, 
teacher for a term longer than four school years, nor for 
less than one year, except to fill an unexpired term, the 
term to begin within four months of the date of the ap- 
pointment. In making appointments teachers in the actual 
employ of the board shall be considered before new teachers 
are chosen in their stead. 

HISTORY.— R. S. § 4017; 70 v. 195, § 53; 87 v. 372; 89 v. 96; 89 v. 202; 
91 V. 113; 91 V. 422; 93 v. 48; 97 v. 360. 

Where a board of education employs a teacher for a fixed term 
at a definite salary and there is nothing in the contract or in the 
rules of the board on the question of absence on account of sick- 
ness, and such teacher is compelled to be out of school with a con- 
tagious disease, and subsequently resumes teaching work for the 
board, the teacher is entitled to be paid for the time so necessarily 
lost on account of such sickness. Op. Atty. Gen. (1918), p. 659. 

The appointment of a supervisor and teacher of hygiene by 
a board of education for a term of four years, in the place of the 

•23 s. L. 



354 



SCHOOLS AND ATTENDANCE 



School physi- 
cian, appoint- 
ment, qualifi- 
cations. 



Nurses. 



school physician provided by law (7692 General Code) is illegal. 
Boards of education cannot change the title of a statutory position 
while the duties remain the same, in order to increase the time of 
tenure. 

The duties of the school physician in a school district are 
clearly set forth in section 7692 General Code et seq. and a person 
performing such duties authorized by the statutes can be appointed 
for a term of but one year and may be discharged at any time by 
the employing board, 

The board of education of the city school district of Dayton 
is compelled, under the Civil Service Act of the state, to make its 
appointments of employees of the board from eligible lists prepared 
by the Civil Service Commission of the city of Dayton, including 
aM positions which are not specifically exempted by the Civil 
Service Act of Ohio. Op. Atty. Gen. 1920, p. 888. 

A superintendent of an exempted village school district may 
be elected for a term of not less than one year nor more than 
four years, pursuant to section 7691 G. C. Op. Atty. Gen. No. 2234, 
July 2, 1921. 

See Opinions of Attorney General as follows: 

(1917), p. 2441, cited under Sec. 7705. 

(1917), p. 729, cited under Sec. 7871. 

Section 7692. Each and every board of education in 
this state may appoint at least one school physician; pro- 
vided two or more school districts may imite and employ 
one such physician, whose duties shall be such as are pre- 
scribed in this act. Said school physician shall hold a 
license to practice medicine in Ohio. School physicians 
may be discharged at any time by the appointing power 
whether the same be a board of education or of health or 
health officer, as herein provided. School physicians shall 
serve one year and until their successors are appointed, and 
shall receive such compensation as the appointing board 
may determine. Such boards may also employ trained 
nurses to aid in such inspection in such ways as may be 
prescribed by the board. Such board may delegate the 
duties and powers herein provided for to the board of 
health or officer performing the functions of a board of 
health within the school district if such board or officer is 
willing to assume the same. Boards of education shall co- 
operate with boards of health in the preventing of epidemics. 

HISTORY.— R. S. § 4018a; lOO v. 12; 103 v. 864 (897). 

The board of education of a school district may, under 
authority of section 7692 G. C, as arnended 103 O. L. 897, appoint 
a school physician to perform the duties required by the provisions 
of section 7692-1, G. C, 103 O. L. 897, and in its discretion said 
board may employ a trained nurse to aid in the performance of 
said duties, or said board may delegate said duties to the board 
of health or officer performing the functions of a board of health 
in said district, providing said board or officer is willing to assume 
the same, together with the power to appoint said school physician 
and employ said trained nurse if said board or officer determines 
that the same is necessary for the proper discharge of the aforesaid 
duties. Op. Atty. Gen. 1915, p. 1918. 

There is no legal authority under which a board of edu- 
cation may pay a doctor bill for services rendered to a pupil acci- 
dentally injured in a school. Op. Atty. Gen. 1920, p. 1260. 

The positions of a member of the city board of education 
and deputy health commissioner are not incompatible. Op. Atty. 
Gen. (1920), p. 995. 



SCHOOLS AND ATTENDANCE 355 

See Opinions of Attorney General as follows; 
(1920), p. 995, cited under Sec. 1261-26. 
(1920), p. 888, cited under Sec. 7691. 

Section 7692-1. School physicians may make exam- Examination 
inations and diagnosis of all children referred to them at and j^.j^s^o^^^ 
the beginning of every school year and at other times if teachers and 
deemed desirable. They may make such further examina- ■J^"'t°"- 
tion of teachers, janitors and school buildings as in their 
opinion the protection of health of the pupils and teachers 
may require. Whenever a school child, teacher or janitor 
is found to be ill or suffering from positive open pulmonary 
tuberculosis or other contagious disease, the school physician 
shall promptly send such child, teacher, or janitor home, 
with a note, in the case of the child, to its parents or 
guardian, briefly setting forth the discovered facts, and 
advising that the family physician be consulted. School 
physicians shall keep accurate card index records of all ex- unifot-m card 
aminations, and said records, that they may be uniform shan^be^Spt! 
throughout the state shall be according to the form pre- 
scribed by the state school commissioner, and the reports 
shall be made according to the method of said form; pro- 
vided, however, that if the parent or guardian of any school 
child or any teacher or janitor after notice from the board 
of education shall within two weeks thereafter furnish the 
written certificate of any reputable physician that the child, 
or teacher or janitor has been examined, in such cases the 
services of the medical inspector herein provided for shall 
be dispensed with, and such certificate shall be furnished 
by such parent or guardian from time to time, as required 
by the board of education. Such individual records shall 
not be open to the public and shall be solely for the use of 
the boards of education and health or other health officer. 
If any teacher or janitor is found to have positive open 
pulmonary tuberculosis or other communicable disease, his 
or her employment shall be discontinued upon expiration 
of the contract therefor, or, at the option of the board, sus- 
pended upon such terms as to salary as the board may deem 
just until the school physician shall have certified to a re- 
covery from such disease. 

HISTORY.— 103 V. 864 (897). 

House Bill 211, known as Hughes Health Bill, effective Au- 
gust 10, 1919, did not repeal by implication sections 7692 and 7692-1 
General Code, which empower boards of education to provide for 
medical inspection of schools. 

Under section 11 of the Hughes Bill, district boards of health 
are required to provide for the medical inspection of schools, but 
such inspection is- not exclusive, boards of education also having 
the right to make inspection to the extent provided in sections 
7692 and 7692-1 General Code. Op. Atty. Gen. (1919), p. 106. 

See Opinions of Attorney General as follows : 
(1915), p. 1918, cited under Sec. 7692. 
(1920), p. 888, cited under Sec. 7691. 
(1920), p. 995, cited under Sec. 1261-26. 



356 



SCHOOLS AND ATTENDANCE 



Publication of 
rules for en- 
forcement of 
act. 



Who not 

eligible as 
physician. 



Affidavit of 
compliance. 



Board may _ 
provide addi 
tional com- 
pensation. 



Section 7692-2. The state school commissioner and 
the state board of heahh, shall jointly pass rules for the 
detailed enforcement of the purposes of this act [G. C. § § 
1349, et seq., 1639, et seq., 181 5-8, et seq., 2084, et seq., 3070, 
et seq., 4083, et seq., 7676, et seq., 10082, et seq., 12957, 
et seq.], which rules shall bear the seals of said board and 
commissioner, the said rules to be printed and promulgated 
by the state printer; promulgation to consist in supplying a 
reasonable number of copies to each school superintendent, 
from whom all that are interested may receive copies. 

HISTORY.— 103 V. 8&1 (898). 

See Opinions of Attorney General as follows : 
(1915), p. 1918, cited under Sec. 7692. 
(1920), p. 888, cited under Sec. 7691. 

Section 7692-3. No member of the board of educa- 
tion in any district in this state shall be eligible to the ap- 
pointment of school physician during the period for which 
he or she is elected. 

HISTORY.— 103 V. 864 (898). 

Section 7692-4. Each board of education by the af- 
fidavit of an officer thereof or otherwise shall prove to the 
satisfaction of the state school commissioner that it has 
complied with the requirements of sections seven thousand 
six hundred and ninety-two, seven thousand six hundred 
and ninty-two-one, and seven thousand six hundred and 
ninety-two-two, of the General Code. 

history.— 103 V. 864 (898). 

See Opinions of Attorney General as follows : 
(1915), p. 1918, cited under Sec. 7692. 
(1920), p. 888, cited under Sec. 7691. 

Section 7693. The board of education of any school 
district, may provide and pay compensation to the employes 
of the board of health in addition to that provided by the 
city, township or other municipality. 

history.— R. S. § 4018a; 100 v. 12; 103 v. 864 (898). 

See opinions of Attorney General (1915), p. 1918, cited under 
Sec. 7692. - 



Director of 
schools. 



Section 7694. A board of education in a city school 
district,may elect a director of schools, who shall serve as 
such for the term of two years, unless earlier removed. A 
vacancy in this office shall be filled for the unexpired term 
thereof. 

history.— R. S. § 4017; 70 v. 195, § 63; 87 v. 372; 89 v. 96; 89 v. 202; 
91 v. 113; 91 v. 422; 93 v. 48; 97 v. 360. 

Under section 486-8 General Code the Municipal Civil Service 
Commission in each city in the state is the Civil Service Commission 
of the city school district in which such city is located, and such 
Municipal Civil Service Commission has authority to conduct ex- 
aminations for all positions and employments under the board of 
education of such city school district unless the positions clearly 
come within the exemption mentioned in 486-8 General Code. 

In city school districts all persons in the employ of the board 
of education of such city school district are in the classified civil 



SCHOOLS AND ATTENDANCE 357 

service unless they are directors, superintendents, principals, in- 
structors or teachers, as provided in paragraph 7 of section 486-8 
General Code. 

The director of the vocation bureau in a city school district 
is nol the head of a principal department in such city school district 
and hence the person in charge of the vocation bureau is in the 
classified civil service and subject to examination by the city civil 
service commission. The secretary of the placement office and the 
psychological laboratory assistants in the vocation bureau in a city 
school district are not "teachers connected with the public school 
system" (section 486-8 General Code) and hence are in the classified 
civil service of the city school district in which they are employed 
and subject to examination by such civil service commission. 

In any city school district of the state it is unlawful for the 
fiscal officer of such city school district to issue any warrant 
on the disbursing officer of such city school district to pay any salary 
or compensation to any employee in the classified service, unless 
such payroll has been provided by the Municipal Civil Service 
Commission of the city in which such city school district is 
located, as provided in section 486-21. 

The directors connected with the public school system, men- 
tioned in paragraph 7 of section 486-8 General Code are the 
directors of schools in city school districts, as provided for in section 
7695, 7696, 7697 and 7698 General Code, and the statutes do not 
recognize any other kind of director in connection with the public 
school system of the state. Op. Atty. Gen. (1920), p._80. _ 

Under section 7694 G. C. the board of education in a city 
school district, creating the position of director of schools, should 
elect such director by roll call, for a definite term, rather than 
place the statutory duties of such director of schools, by resolution, 
upon some other employe of the board. 

The clerk and treasurer ol a board of education is the min- 
isterial officer of the board of education itself and a provision that 
such clerk-treasurer "shall at all times be under the direction and 
supervision of the public schools" would be null and void. 

A person elected to or who performs the duties of director 
of schools, as set forth in section 7695 and 7696 of the General 
Code, cannot at the same time be the clerk and treasurer of the 
board of education because of the inhibition appearing in section 
7695 G. C, that the director shall not have the care and custody 
of the moneys of the district. Op. Atty. Gen. No. 1813, Jan. 26, 
1921. 

See Opinions of Attorney General No. 2918, (1922), cited under 
Sec. 4747. 

Section 7695. As director of school, he shall execute Po\yers and 
for the board of education, in the name of the school dis- ^h-ector"^ 
trict, its contracts and obligations, except that bonds issued 
must be signed by the president of the board, and attested 
by the clerk. He shall see that all contracts made by or 
with such board are fully and faithfully periormed. Except 
teachers, assistant teachers, supervisors, principals, super- 
intendents of instruction, clerk of the board of education, 
such director shall have the appointment subject to the ap- 
proval and confirmation of the board of all employes and 
may discharge them; provided that if the board has adopted 
an annual appropriation resolution as provided by section 
4752-1 of this act, the board may, by general resolution, 
provide that such appointment shall not be required to be 
approved or confirmed by the board if provision therefore 
[therefor] has been made in such annual appropriation 
resolution. He shall have the care and custody of all prop- 
erty of the school district, real and personal, except moneys. 



of director. 



358 SCHOOLS AND ATTENDANCE 

oversee the construction of buildings, in the process of 
erection, and the repairs thereof, and advertise for bids and 
purchase all supplies arid equipment authorized by the board. 

HISTORY— R. S. § 4017; 70 v. 195, § 53; 87 v. 372; 89 v. 96; 89 v. 202: 
91 V. 113; 91 V. 422; 93 v. 48; 97 v. 360; 107 v 46 (48). 

See opinions of Attorney General (1917), p. 1187, cited under 
Sec. 7703. 

Further duties SECTION 7696. Such director shall report to the board 

monthly, and oftener if required, as to all matters under his 
supervision, and report to the board a statement of its ac- 
counts, exhibiting the revenues, receipts, disbursements, as- 
sets and liabilities, the sources from vi^hich the revenues and 
funds are derived, and in what manner they have been 
disbursed. He shall keep accurate account of taxes levied 
for school purposes, and of all moneys due to, received and 
disbursed by the board; also, of all assets and liabilities 
and all appropriations made by it, and receive and preserve 
all vouchers for payments and disbursements made to or 
by the board. He must issue all warrants for the payment 
of money from the school fund, but no warrant shall be 
issued for the payment of any claim until it has been ap- 
proved by the board ; provided that if the board has adopted 
an annual appropriation resolution as provided by section 
4752-1 of this act, then the board may, by general resolu- 
tion, provide that such warrant need not be approved by the 
board but shall be approved by the auditor of the board, if 
the expenditure for which such warrant is issued is pro- 
vided for in such annual appropriation resolution. The pay- 
roll for teachers, assistant teachers and supervisors must be 
countersigned by the superintendent of instruction. Such 
director shall attend all meetings of the board, and perform 
all of its executive functions not hereinbefore excepted in 
defining the duties of the director of schools. He must 
devote such portion of his time to the duties of his office as 
is required by the board of education at or before his elec- 
tion, and give a bond for the faithful discharge of his duties 
as director of schools, in such sum as the board determines, 
his sureties to be approved by it, which bond shall be de- 
posited with the president of the board within ten days after 
his appointment. 

HISTORY.— R. S. § 4017; 70 v. 195, § 53; 87 v. 372; 89 v. 96; 89 v. 202; 
91 V. 113; 91 V. 422; 93 v. 48; 97 v. 360; 107 v. 46 (48). 

Where an appropriation resolution has been passed pursuant to 
section 4752-1 G. C., together with a resolution authorizing the 
auditor of the board to approve warrants, when the expenditure has 
been from a fund provided for in said appropriation resolution, 
proper claims against the board may be paid from an account such as 
you call "petty cash fund", but the money of the school district 
is properly in the custody of the treasurer and cannot be placed 
in the care and possession of the chief accountant, auditor or 
other officer or appointee of the board, and such disposition of 
the funds of the board is unauthorized and illegal. Op. Atty. Gen. 
No. 2918, Mar. 9. 1922. 



SCHOOLS AND ATTENDANCE 359 

Section 7697. Such director shall receive such com- salary of 
pensation as is fixed by the board before his election, which director, 
shall not be changed during his term of office. 

HISTORY,— R. S. § 4017; 70 v. 195, § 63; 87 v. 372; 89 v. 96; 89 v. 202; 
91 V. 113; 91 V. 422; 93 v. 48; 97 v. 360; 108 v. Pt. II 1229. 

Section 7698. By a two-thirds vote for cause, the May suspend 
board of education at any time may suspend or remove the j[j.ect?!^°^^ 
director of schools, but such suspension or removal shall not 
be made unless the charges are preferred in writing, and 
an opportunity afforded to bring all offered pertinent testi- 
mony in as a defense, which testimony shall be received and 
considered by the board and made a part of its records. 

HISTORY.-R. S. § 4017; 70 v. 195, § 53; 87 v. 372; 89 v. 96; 89 v. 202; 
91 V. 113; 91 V. 422; 03 v. 48; 97 v. 360. 

Section 7699. Upon the appointment of any person to Appointees; 
any position under the control of the board of education, the ^^^^^'^ ^^^y- 
clerk promptly must notify such person verbally or in 
writing of his appointment, the conditions thereof, and re- 
quest and secure from him within a reasonable time to be 
determined by the board, his acceptance or rejection of 
such appointment. An acceptance of it within the time thus 
determined shall constitute a contract binding both parties 
thereto until such time as it may be dissolved, expires, or 
the appointee be dismissed for cause. 

HISTORY.— R. S. § 4017; 70 v. 195, § 53; 87 v. 372; 89 v. 96; 89 v. 202; 
91 V. 113; 91 V. 422; 93 v. 48; 97 v. 360. 

Where a person has been employed as a teacher in a public 
school under one contract and under another contract at a sub- 
sequent date has been employed as a school driver or conveyor of 
pupils, the release by the board of education from the obligations 
of the second contract, by motion spread upon its minutes, closes 
the contract relation as a school driver. 

Where an employee of a board of education submits his 
resigjfiation or requires a release from the contract, such resignation 
or release from such employment cannot become effective except by 
the consent of the board of education, and if such employee there- 
after fails to perform any of the duties mentioned in such contract, 
from which he has not been released by the board of education, such 
contracting employee is liable to the employing board of education 
for any damages sustained. 

Where a board of education desires to dismiss a teacher, 
it is necessary that charges be reduced to writing and filed with 
the board of education and an opportunity be given the teacher for 
defense before the board, or a committee thereof, and a majority 
of the full membership of the board of education upon roll call in 
favor of such dismissal is required in order to be effective. As 
to what constitutes inefficiency, neglect of duty, immorality or 
improper conduct, is for the board of education in its discretion 
to decide. Teachers dismissed for any frivolous or insufficient 
reason may bring suit against such districts as provided by section 
7708 General Code. Op. Atty. Gen. (1920), p. 279. 

To dissolve a contract between a school teacher and a school 
board the payment of a sum of money by the board is neither an 
express or implied power of the school law. 

Such contracts are dissolved by resignation or expire or are 
terminated for cause. 

Sinecures are not favored by the law and money expended for 
such purposes is misuse of school funds. Op. Atty. Gen. (1920), 
p. 764. 



36o 



SCHOOLS AND ATTENDANCE 



Resignations 
must be con- 
sidered by 
the board. 



Suspension of 
certificate. 



Report of un- 
authorized 
resignations. 



See Opinions of Attorne}^ General as follows : 
(1915), p. 2089, cited under Sec. 7718. 
(1918), p. 85, cited under Sec. 7877. 

Section 7700. All resignations or requests for release 
from contract by teachers, superintendents, or employes, 
must be promptly considered by the board, but no resigna- 
tion nor release shall become effective without the consent 
of the board. The certificate of any superintendent, prin- 
cipal or teacher who resigns or gives up his position without 
the consent of the board after the first day of August prior 
to the school year for which he has been employed shall be 
suspended for the period of time covered by the unfulfilled 
contract ; and no board of examiners shall issue a certificate 
to such person during the period covered by such contract. 
Each board of education shall report any such unauthorized 
resignation to the superintendent of public instruction and 
to the board of examiners who issued the certificate under 
authority of which such employment was obtained, and such 
certificating authority shall thereupon suspend such cer- 
tificate. The superintendent of public instruction shall send 
each month to the county, city, and exempted village super- 
intendents of the state a list of superintendents, principals, 
or teachers, whose certificates granted by the state board or 
local boards of examiners, have been suspended, or where 
cause exists for the suspension of such certificates. 

HISTORY.— R. S. § 4017; 70 v. 195, § 53; 87 v. 372; 89 v. 96; 89 v. 202; 
91 V. 113; 91 V. 422; 93 v. 48; 97 v. 360; 1C9 v. 153. 

A resignation from office, to become effective at some future 
time, can not be withdrawn after acceptance without the consent 
of the accepting party: State, ex. rel., v. Board of Education, 
23 O. C. C. (N. S.) 98 [affirmed, without opinion. State, ex rel, 
V. Board of Education, 87 O. S. 529]. 

It is not necessary that a resignation from a public office be 
couched in any particular words. It Is only necessary that the 
incumbent evince a purpose to relinquish the office, that this purpose 
be communicated to the proper authority, and that this resignation be 
accepted, either in terms or something tantamount thereto : State, 
ex rel.. v. Board of Education, 2-3 O. C. C. (N. S.) 98 [affirmed, 
without opinion, State, ex rel., v. Board of Education, 87 O, S. 
529]. 

The fact that a resignation Is addressed to the president of 
a public board does not prevent it from being In legal effect a 
resignation to such board, if the officer who signs such resignation 
intends that the president shall transmit it to such board : State, 
ex rel., v. Board of Education, 23 O. C. C. (N. S.) 98 [affirmed, 
without opinion, State, ex rel., v. Board of Education, 87 O. S. 529]. 

A resignation of a director of schools may be accepted in- 
formally, as by excluding from its resolution which approves a 
report of its committee, that part of the report of such committee 
which requests such director of schools to tender his resignation : 
State, ex rel.. v. Board of Education, 23 O. C. C. (N. S.) 98 
[affirmed without opinion. State, ex rel., v. Board of Education, 
87 O. S. 529]. 

7 he following communication, "Referring to the present con- 
tention as to the office of director, it is my intention to retire from 
the work at an early date after confidence and quiet are restored. 
The limit of my services will be June 15, 1912," which is addressed 
to the president of the board of education, and which the director 
of schools, who signs It, authorizes the president of the board to 
whom he delivers It, to use as he sees fit, is a resignation : State, 



SCHOOLS AND ATTENDANCE 361 

ex rcl., V. Board of Education, 23 O. C. C (N. S.) 98 [affirmed, 
without opinion, State, ex rel., v. Board of Education, 87 O. S. 529]. 
See Opinions of Attorney General No. 2234, (1921), cited under 
Sec. 7691. 

Section 7701. Each board may dismiss any appointee Dismissals, 
or teacher for inef^ciency, neglect of duty, immorality, or 
improper conduct. No teacher shall be dismissed by any 
board unless the charges are first reduced to writing and an 
opportunity be given for defense before the board, or a 
committee thereof, and a majority of the full membership 
of the board vote upon roll call in favor of such dismissal. 

HISTORY.— R. S. § 4017; 70 v. 195, § 53; 87 v. 372; 89 v. 96; 89 v. 202; 
91 V. 113; 91 V. 422; 93 v. 48; 97 v. 360. 

Under section 7708, in an action by a teacher who has been 
dismissed upon a charge of immorality and improper conduct, 
it is for the jury to determine from all the facts and circum- 
stances in the case whether or not the conduct of the teacher 
was such as to constitute a good and sufficient reason for his 
dismissal by the board of education. 92 O. S. 58. 

The provision of section 7702 General Code, that the term of 
a superintendent of schools must end on August 81, is directory 
and not mandatory, time not^ being the essence of the contract. 

The provision of section 7701 that no "teacher" shall be 
dismissed by a board of education unless charges are first reduced 
to writing and an opportunity given for defense before the board 
or a committee thereof, covers superintendents of public schools, 
and the dismissal of a superintendent without observance of these 
provisions may be enjoined. 

A court will not permit a board of education to abrogate 
and hold for naught a contract entered into by its predecessors, 
unless it first establishes its legal right so to do, nor will it remit 
to an action at law a party suffering from the annulling of such 
a contract. Layton v. Clements, 7 App, 499. 

If the action of the board of education in dismissing a teacher 
for inefficiency, neglect of duty, immorality or improper conduct 
under this section were held to be conclusive and not subject to 
review by the courts, such construction would nullify the provisions 
of G.' C. § 7708, which give a right of action to a teacher who is 
dismissed for a frivolous or insufficient reason : Shuck v. Board 
of Education, 92 O. S. 55. 

Whether a charge in writing under this section is sufficient 
which merely notifies the accused teacher that "the charges against 
you are immorality", especially where the only evidence of immoral- 
ity is the fact that such teacher struck the superintendent with a 
poker, was considered but not decided in : Shuck v. Board of 
Education, 92 O. S. 55. 

Under G. C. § 7708, in an action by a teacher who has been 
dismissed upon the charge of immorality and improper conduct, it is 
for the jury to determine from all the facts and circumstances in 
the case whether or not the conduct of the teacher was such as to 
constitute a good and sufficient reason for his dismissal by the board 
of education : Shuck v. Board of Education, 92 O. S. 55. 

The amendment of this section (97 v. 334), providing that a 
teacher shall not be dismissed by a board of education unless the 
charges are first reduced to writing and an opportunity given him for 
defense, does not enlarge or extend the provisions of G. C. § 7708, 
which confer upon a teacher who is dismissed for a frivolous or 
insufficient reason the right to bring suit against the school district, 
nor does the amendment give to the teacher an additional ground 
upon which to base his action: Shuck v. Board of Education. 
92 O. S. 55. 

The fact that the statutory right of action (G. C. § 7708) for 
dismissing a teacher for a frivolous or insufficient reason existed 
before this section was so amended as to specify the procedure 



362 SCHOOLS AND ATTENDANCE 

in dismissing a teacher for inefficiency, neglect of duty, immorality 
or improper conduct, shows that when the statute was enacted 
originally the action given thereby was not intended as an action 
for irregularity in procedure: Shuck v. Board of Education. 
92 O. S. 55. 

The authority conferred upon a board of education to dismiss 
any teacher for inefficiency, neglect of duty, immoral or improper 
conduct can be lawfully exercised only after the charges have been 
reduced to writing and the accused teacher has been given reasonable 
opportunity to appear before the board and make defense thereto: 
School District v. Breese, 15 O. C C. (N. S.) 497. 

A teacher, employed for a school year or for any specified 
term, if wrongfully discharged before expiration of the term of 
employment, may recover salary in full for the remainder of such 
term, upon a showing of failure to obtain other employment after 
reasonable effort so to do : School District v. Breese, 15 O. C. C. 
(N. S.) 497. 

The power conferred upon school boards by this section to 
dismiss any appointee or teacher for cause, after hearing, is ad- 
ministrative and not judicial in its nature, and so not unconstitu- 
tional : Frederick v. Board of Education, 18 O. C. C. (N. S.) 435. 

Injunction will not lie to restrain a board of education from 
trying a superintendent of schools on charges involving improper 
conduct under this section, although two of the five members of the 
board have signed the written charges in which they have stated 
that they believe that such superintendent is guilty of such improper 
conduct, and one of the remaining members of the board of 
education was a necessary and hostile witness. If a court of equity 
were to enjoin such trial it would invade the functions of the 
executive department, and after such trial the remedy for an 
improper dismissal would be at law and not in equity: Frederick 
v. Board of Education, 18 O. C. C. (N. S.) 435. 

A court of equity is without jurisdiction to interfere by in- 
junction to prevent the trial and dismissal of a school teacher by a 
school board because to do so in advance of its action would be 
to invade the functions of the executive or administrative depart- 
ment, and after such action the remedy for erroneous proceedings 
lies with a court of law : Frederick v. Board of Education, 18 O. C. 
(N. S.) 435. 

A court of equity will not revise the rules of a board of 
education, unless they are unreasonable: Owens v. Board of 
Education, 25 0._D. (N. P.) 161 [for later opinion, see In re 
Frederick, 60 Bull. 81 ; which was reversed, Frederick v. Owens, 
25 O. C. D. 538, 60 Bull. 321 ; writ of certiorari denied, Owens v. 
Board of Education, 60 Bull. 479]. 

A taxpayer in a school district may sue to enjoin a board of 
education from refusing to employ teachers who are affiliated with 
a labor union federation : Owens v. Board of Education, 25 O. D. 
(N. P.) 161 [for later opinion, see In re Frederick, 60 Bull. 81; 
which was reversed, Frederick v. Owens, 25 O. C. D. 538; 60 Bull. 
321 ; writ of certiorari denied, Owens v. Board of Education, 60 
. Bull. 479]. 

See Opinions of Attorney General (1915), p. 2089, cited under 
Sec. 7718. 

Superin- SECTION 7702. The board of education in each city 

tendent. school district at a regular meeting, between IMay ist and 

August 31st, shall appoint a suitable person to act as super- 
intendent of the public schools of the district, for a term 
not longer than five school years, beginning v^ithin four 
months of such appointment and ending on the 31st day of 
August. 

Provided, that in the event of a vacancy occurring in 
the office of the superintendent prior to IMay ist, the board 



SCHOOLS AND ATTENDANCE 363 

of education may appoint a superintendent for the unex- 
pired portion of that school year. 

Provided, also, that if the vacancy occur through resig- vacancy, 
nation or removal for cause, the superintendent thus resign- 
ing or removed shall be ineligible for reappointment to such 
office until after the reorganization of the board of educa- 
tion following the next general election of members of 
such board. 

HISTORY.— R. S. § 4017a; &i v. 377; 97 v. 362; 102 v. 193. 

When it is necessary to search for teachers to teach in the 
schools of the district, the superintendent of schools in a city 
school district may be paid expenses actually incurred. When the 
superintendent for any reason cannot so act, after the board by 
resolution has declared such necessity to exist and has so authorized 
a member to perform such duty any reasonable expense actually 
incurred by members of the board in search of teachers may 
be paid for it. The service fund, once created, may be used only - 
to pay expenses of the members of the board actually incurred in 
the performance of their duties. Op. Atty. Gen. (1920), p. 706. 

Mandamus is the proper remedy to restore a party to the 
possession of an office from which he has been removed illegally : 
State, ex rel., v. Board of Education, 23 O. C. C. (N. S.) 98 
[affirmed, without opinion. State, ex rel., v. Board of Education, 
87 O. S. 529, and citing State, ex rel., v. Baldwin, 77 O. S. 533]. 

It was held by the court of common pleas that a board of 
education had no right to refuse to re-employ teachers who 
affiliated with a labor union federation : Owens v. Board of Edu- 
cation, 25 O. D. (N. P.) 161, [for later opinion, see In re Frederick, 
60 Bull. 81 ; which was reversed, Frederick v. Owens, 25 O. C. D. 
538, 60 Bull. 321 ; writ of certiorari denied, Owens v. Board of 
Education, 60 Bull. 479]. 

See Opinions of Attorney General as follows : 

(1915), p. 2089, cited under Sec. 7718. 

(1917), p. 1187, cited under Sec. 7703. 

No. 2234, (1921), cited under Sec. 7691. 

(1918), p. 85, cited under Sec. 7877. 

No. 3140 (1922) , cited uonder Sec. 7690. 

Section 7703. Upon his acceptance of the appoint- po,yers and 
ment, such superintendent, subiect to the approval and con- duties of 

r ,• r 1 1 1 • 11 r 1 1 superintendent. 

iirmation of the board, may appoint all the teachers, and 
for cause suspend any person thus appointed until the 
board or a committee thereof considers such suspension, 
but no one shall be dismissed by the board except as pro- 
vided in section seventy-seven hundred and one. But any 
city or exempted village board of education, upon a three- 
fourths vote of its full membership, may re-employ any 
teacher whom the superintendent refuses to appoint. Such 
superintendent shall visit the schools under his charge, direct 
and assist teachers in the performance of their duties, 
classify and control the promotion of pupils, and perform 
such other duties as the board determines. He must report 
to the board annually, and oftener if required, as to all mat- 
ters under his supervision, and may be required by it to at- 
tend any and all of its meetings. He may take part in its 
deliberations but shall not vote. 

HISTORY.— R. S. § 4017a; 94 v. 377; 97 v. 362; 109 v. 553. 



3^4 SCHOOLS AND ATTENDANCE 

A court has no right to order the superintendent of a city school 
district and the board of education to re-employ certain teachers, or 
to refuse to re-employ teachers for certain reasons which seem 
satisfactory to the superintendent and the board of education, 
although not satisfactory to the court. Such order is said to be 
absolutely void, and a superintendent can not be punished for con- 
tempt for failure to comply therewith: Frederick v. Owens, 25 
O. C. D. 538 [reversing In re Frederick, 60 Bull. 81; for original 
hearing, see Owns v. Board of Education, 25 O. D. (N. P.) 161; 
writ of certiorari denied. Owens v. Board of Education. 60 Bull 

"Principals" in the public schools are teachers, and under sec- 
tion 7703 General Code, in city districts, may be appointed by the 
superintendent. Op. Atty. Gen. (1917), 1187. 

Where a board of education has given the power of appoint- 
ment of teachers to its superintendent of schools, the authority 
to assign such teachers follows such power of appointment vested 
in the superintendent of schools. Op. Atty. Gen. (1919), p. 682. 

See Opinions of Attorney General as follows : 

(1915), p. 2089, cited under Sec. 7718. 

No. 2234, (1921), cited under Sec. 7691. 

"Service fund" Section 7704. On the third Monday of every January 

set aside. qj. ^^ ^^le Monday preceding the close of school each year, 

the clerk of the. board of education of a city school district 
shall certify to the board of education of which he is clerk, 
the number of pupils enrolled in the public schools of that 
district, whereupon the board of such city school district 
may by resolution set aside from the contingent fund a sum 
not to exceed five cents for each child so enrolled, such sum 
of money to be known as the ''service fund" to be used 
only in paying the expenses of such members actually in- 
curred in the performance of their duties, or of their official 
representatives when sent out of the city school district for 
the purpose of promoting the welfare of the schools under 
their charge ; such payments to be made only on statement 
of the several members, or their official representatives, 
furnished at the last meeting held in each month. 

history.— 99 V. 322, § 1; 109 v. 689. 

The board of education of a city school district, prior to the 
amendment of section 7704 G. C. (109 O. L. 589), could not legally 
pay the expenses of the chief architect made in attending the 
national educational association meetings from the service fund or 
other fund of the board. Since amendment said expenses may be 
paid from said service fund. This same statement applies also to 
that part of your second question relating to the expenses of the 
superintendent of schools in attending national educational associa- 
tion meetings. 

Expenditure 5f public funds of the school district of the 
city of Cleveland in entertaining the national educational association 
is not authorized bv the school statutes and therefore illegal. Op. 
Atty. Gen. No. 2918, Mar. 9, 1922. 

Employment Section 7705. The board of education of each village, 

of teachers. and rural school district shall employ the teachers of the 
public schools of the district, for a term not longer than 
three school years, to begin within four months of the date 
of appointment. The local board shall employ no teacher 
for any school unless such teacher is nominated therefor by 
the county or assistant county superintendent except by a 
majority vote of its full membership. In all high schools 



SCHOOLS AND ATTENDANCE 



365 



and consolidated schools one of the teachers shall be desig- 
nated by the board as principal and shall be the administra- 
tive head of such school. 



244. 



HISTORY.— R. S. § 4017a; 97 v. 362; &i v. 377; 104 v. 1331 (144); 109 v. 



In the light of section 7705 General Code the principal of a 
high school, or a grade school, if not employed as a superintendent, 
is still a teacher within the meaning of section 7600 General Code 
and distribution of the funds mentioned in such section should be 
made on the basis that high school principals and grade school prin- 
cipals are teachers within the meaning of such section. Op. Atty. 
Gen. (1920), p. 974. 

A board of education of a village school may not extend 
a teacher's contract one or more years, but may enter into a new 
contract not to exceed three years, by agreement between the board 
of education and the teacher, and the new contract will stand in the 
place of and be a substitute for the old one. 

The present board of education cannot enter into a contract 
with a teacher, extending the present term, because the term must 
begin within four months after the date of the appointment. Op. 
Atty. Gen. (1917), p. 2440. 

See Opinions of Attorney General as follows: 

(1918), p. 659, cited under Sec. 7691. 

(1915), p. 2089, cited under Sec. 7718. 

No. 2234, (1921), cited under Sec. 7691. 

(1920), p. 888, cited under Sec. 7691. 

Section 1465-60. The following shall constitute em- Employers 
ployers subject to the provisions of this act [G. C. § § 1465, f^^^^^^ *° 
et seq.] : 

1. The state and each county, city, township, incor- 
porated village and school district therein. 

2. Every person, firm and private corporation, includ- 
ing any public service corporation, that has in service five or 
more workmen or operatives regularly in the same business, 
or in or about the same establishment under any contract or 
hire, express or implied, oral or written. 

HISTORY.— 103 V. 72 (77), § 13; 108 v. Pt. I 313 (316). Subdivision 2 
of this section in effect July 1, 1920. For a section analogous to the section 
bearing this number in P. & A. Code, see G. C. § 1465-73, which was 103 v 72 
(82), § 26. P. & A. Code § 1465-60, which was 102 v. 524, § 21-1, was repealed 
in 103 V. 72 (92), § 60. To take effect January 1, 1914. 



Section 1465-61. The terms "employe," "workman" 
and "operative" as used in this act [G. C. §§ 1465-45, 1465- 
47 to 1465-49. 1465-53 to 1465-55' 1465-60 to 1465-61, 1465- 
69, 1465-72, 1465-79 to 1465-80, 1465-82 to 1465-83, 1465- 
90, 1465-93 to 1465-95], shall be construed to mean: 

I. Every person in the service of the state, or of any 
county, city, township, incorporated village or school district 
therein, including regular members of lawfully constituted 
police and fire departments of cities and villages, under 
any appointment or contract of hire, express or implied, 
oral or written, except any official of the state, or of any 
county, city, township, incorporated village or school dis- 
trict therein. Provided that nothing in this act shall apply 
to police or firemen in cities where the injured policemen 
or fireman are eligible to participate in any policemen's or 
firemen's pension funds which are now or hereafter may be 



Definition of 
terms. 



366 



SCHOOLS AND ATTENDANCE 



established and maintained by municipal authority under 
existing laws. 

2. Every person in the service of any person, firm or 
private corporation, including any public service corpora- 
tion, employing five or more workmen or operative regularly 
in the same business, or in or about the same establishment 
under any contract of hire, express or implied, oral or writ- 
ten, including aliens and minors, but not including any per- 
son whose employment is but casual and not in the usual 
course of trade, business, profession or occupation of his 
employer. 

3. Every person in the service of any independent con- 
tractor or sub-contractor who has failed to pay into the 
state insurance fund the amount of premium determined 
and fixed by the industrial commission of Ohio for his 
employment or occupation, or to elect to pay compensation 
direct to his injured and to the dependents of his killed 
employes, as provided in section 1465-69, General Code, 
shall be considered as the employe of the person who has 
entered into a contract, whether written or verbal, with such 
independent contractor unless such employes, or their 
legal representatives or beneficiaries elect, after injury or 
death, to regard such independent contractor as the em- 
ployer. 

HISTORY.— 103 V. 72 (77), § 14; 107 v. 159; 108 v. Pt. I 313 (316). 
Subdivision 2 of this section in eflfect July 1, 1920. For a section analogous 
to the section bearing this number in P, & A. Code, see G. C. § 1465-76, 
which was 104 v. 193 (194), § 29; 103 v. 72 (84), § 29. P. & A. Code § 1465-61, 
which was 102 v. 524, § 21-2, was repealed in 103 v. 72 (92), § 60. To take 
effect January 1, 1914. 

Section 1465-62. Every employer mentioned in sub- 
division one of section thirteen hereof [G. C. § 1465-60].. 
shall contribute to the state insurance fund in proportion to 
the annual expenditure of money by such employer for the 
service of persons described in subdivision one of section 
fourteen hereof [G. C. § 1465-61], the amount of such pay- 
ments and the method of making the same to be determined 
as hereinafter provided. 

HISTORY.— 103 V. 72 (77), § 15. For a section analogous to the section 
bearing this number in P. & A. Code, see G. C. § 1465-89, which was 103 v. 72 
(88), § 42; 107 v. 528. P. & A. Code § 1465-62, which was 102 v. 524, § 23, 
was repealed in 103 v. 72 (92), § 60. 

This section is valid and constitutional. The method by which 
the amount to be paid by the state or by its subdivisions is to be 
ascertained is different from the method by which the amount paid 
by other employers is to be ascertained ; but such difference is 
authorized by Art. II, § 35, of the constitution of ^ Ohio, which 
permits the classification of occupations and the distribution of the 
fund; and as it is uniform in its operation throughout the state, 
it is not in violation of Art. II, § 26, of the constitution of Ohio: 
Trustees v. Hopkins, 91 O. S. 74 [affirming Trustees v. Hopkins, 
3 Ohio App. 433, 20 O. C. C. (N. S.) 548; which was an appeal 
from Cincinnati v. Hopkins, 16 O. N. P. (N. S.) 279]. 

Per centum Section 1465-63. The amouiit of moucy to be con- 

Sbuud°"bV tributed by the state itself, and by each county, city, incor- 
state and sub- poratcd village or other taxing district of the state shall be. 
unless otherwise provided by law, a sum equal to one per 



Contribution 
by state, 
county, city, 
township, etc 



divisions. 



SCHOOLS AND ATTENDANCE 367 

centum of the amount of money expended by the state and 
for each county, city, incorporated village or other taxing 
district respectively during the next preceding fiscal year 
for the service of persons described in subdivision one of 
section fourteen hereof, and the amount to be so contrib- 
uted by any school district shall be equal to one-tenth of 
one per centum of the amount similarly expended by such 
district during such preceding fiscal year for the service of 
persons described as above. 

HISTORY.— 103 V. 72 (77), § 16; 108 v. Pt. I 555. For a section anal- 
ogous to the section bearing this number in P. & A. Code, see G. C. § 1465- 
89, which was 103 v. 72 (88), § 42; 107 v. 528. P. & A. Code § 1465-63, which 
was 102 V. 524, § 24, was repealed in 103 v. 72 (92), § 60. 

Trustees v. Hopkins, 91 O. S. 74. See under Sec. 1465-62. 

This section is not invalid as in violation of Art. XII, § 5, 
of the constitution of Ohio, which provides that no tax shall 
be levied except in pursuance, of law, and that every law imposing 
a tax shall state distinctly the object thereof to which only the 
funds raised by such tax shall be applied. Such constitutional 
provision does not forbid taxation for contingent and general funds ; 
since it is impracticable to name specifically in the different budgets 
the amount to be raised for each specific item : Trustees v. Hopkins, 
91 O. S. 74 [affirming Trustees v. Hopkins, 3 Ohio App. 433, 
20 O. C. C. (N. S.) 548; which was on appeal from Cincinnati v. 
Hopkins, 16 O. N. P. (N. S.) 279; distinguishing State, ex rel., 
V. Edmondson, 89 O. S. 351]. 

Section 16 of the workmen's compensation act (G. C. § 1465- 
63), providing that, "the amount of money to be contributed by 
the state itself, and each county, city, incorporated village, school 
district or other taxing district of the state shall be, unless other- 
wise provided by law, a sum equal to one per centum of the amount 
of money expended by the state and for each county, city, incor- 
porated village, school district or other taxing district respectively 
during the next preceding fiscal year for the service of persons 
described in subdivision one of section fourteen hereof," is a 
valid exercise of the power conferred upon the legislature under 
Art. II, § 35, and is not in conflict with Art. XII, § 5, of the 
constitution of Ohio: Cincinnati v. Hopkins, 16 O. N. P. (N. S.) 
279 [for opinion on appeal, see Trustees, v. Hopkins, 3 Ohio App. 
433, 20 O. C. C. (N. S.) 548; which was affirmed. Trustees v. 
Hopkins, 91 O. S. 74]. 

Section 7707. Teachers must exercise reasonable care General duties 
in regard to school property, apparatus, and supplies in- °^ teachers, 
trusted to their keeping. They shall strive to guard the 
health and physical welfare of the pupils in their schools, 
give sufficient instruction in the studies pursued, and en- 
deavor to maintain good discipline over all the pupils under 
their charge. But no teacher shall be required by any board 
to do the janitor work of any school room or building, ex- 
cept as mutually agreed by special contract, and for com- 
pensation in addition to that received by him for his serv- 
ices as teacher. 

HISTORY.— R. S. § 401S; 70 v. 195, § 53; 87 v. 46; S9 v. 96; 93 v. 48; 
97 V. 363. 

This section requires a special contract for the employment of 
a janitor, and excludes the idea of an implied contract: Board of 
Education v. Parker. 1 Ohio App. 114, 21 O. C. C. (N. S.) 280, 
25 O. C. D. 251 [disapproving Reid v. Board of Education, 6 
O. N. p. (N. S.) 526, 16 O. D. (N. P.) 414]. 



368 SCHOOLS AND ATTENDANCE 

Without any agreement with the board of education therefor, a 
teacher performed services as janitor in connection with his school 
duties. Having dismissed school on certain holidays during the 
school term he substituted and taught other days, upon requirement 
of the board, "to make up for said holidays." It was held that he 
can not recover as upon a quantum meruit for the janitor services, 
nor for the prorated amount of his stipulated monthly salary for 
the excess days taught : Board of Education v. Parker, 1 Ohio App. 
114, 21 O. C. C. (N. S.) 280, 25 O. C. D. 251 [disapproving third 
proposition of syllabus, Reid v. Board of Education, 6 O. N. P. 
(N. S.) 526]. 

Teachers dis- SECTION 7708. If the boarcl of educatioii of any dis- 

rnsufficie^irf ^^^^^ dismisses a teacher for any frivolous or insufficient 
cause. reason, the teacher may bring suit against such district. If, 

on trial of the cause a judgment be obtained against the 
district, the board thereof shall direct the clerk to issue an 
order upon the treasurer for the sum so found due to the 
person entitled thereto, to pay it out of any money in his 
hands belonging to the district, applicable to the payment 
of teachers. In such suits process may be served on the 
clerk of the district, and service upon him shall be sufficient. 

HISTORY.— R. S. § 4019; 76 v. 58, § 1; 89 v. 97; 97 v. 363. 

This section is in derogation of the common law and must be 
construed strictly. Shuck v. Board of Education, 92 O. S. 55. 

If a substantial reason for discharging a teacher exists, this 
section does not give a right of action to such teacher for his 
discharge, although the board of education may have failed to 
reduce the charges to writing, as required by G. C. § 7701, and 
may have denied to the teacher an opportunity for defense : Shuck 
v. Board of Education, 92 O. S. 55. 

If the action of the board of education in dismissing a teacher 
for inefficiency, neglect of duty, immorality or improper conduct 
under G. C. § 7701, were held to be conclusive and not subject to 
review by the courts, such construction would nullify the pro- 
visions of this section, which give a right of action to a teacher 
who is dismissed for a frivolous or insufficient reason : Shuck 
V. Board of Education, 92 O. S. 55, 

Under this section, in an action by a teacher who has been dis- 
missed upon the charge of immorality and improper conduct, it is 
for the jury to determine from all the facts and circumstances 
^ in the case whether or not the conduct of the teacher was such as 

to constitute a good and sufficient reason for his dismissal by 
the board of education : Shuck v. Board of Education, 92 O. S. 55. 

The fact that the statutory right of action for dismissing a 
teacher for a frivolous or insufficient reason existed before _G._C. 
§ 7701 was so amended as to specify the procedure in dismissing 
a teacher for inefficiency, neglect of duty, immorality, or improper 
conduct, shows that when the statute was enacted originally the 
action given thereby was not intended as an action for irregularity 
in procedure : Shuck v. Board of Education, 92 O. S. 55. 

The amendment of G. C. § 7701 (97 v. 334), providing that a 
teacher shall not be dismissed by a board of education unless the 
charges are first reduced to writing and an opportunity given him 
for defense, does not enlarge or extend the provisions of this 
section which confer upon a teacher, who is dismissed_ for a 
frivolous or insufficient reason, the right to bring suit against the 
school district nor does the amendment give to the teacher an 
additional ground upon which to base his action: Shuck v. Board 
of Education, 92 O. S. 55. 

The fact that a teacher has wrongfully suspended a pupil, 
in doing which he is complying with the orders of the board of 
education, does not prevent such teacher from recovering the agreed 



SCHOOLS AND ATTENDANCE 369 

compensation for his services : State, ex rel, v. Blain, 36 O. S. 
429. 

Referred to as showing that process may be served upon the 
clerk of a board of education : State, ex rel., v. Coon, 4 O. C. C. 
(N. S.) 560, 16 O. C D. 241. 

See Section 7701. 

Section 7709. Any publisher or publishers of school- Filing and 
books in the United States desiring to offer school-books Jf copfJ<|°" 
for use by pupils in the common schools of Ohio as here- and price list 
inafter provided, before such books may be lawfully adopted books.^°° 
and purchased by any school board, must file in the office 
of the superintendent of public instruction, a copy of each 
book proposed to be so offered, together with the published 
list wholesale price thereof. No revised edition of any such 
book shall be used in common schools until a copy of such 
edition has been filed in the office of the superintendent 
together with the published list wholesale price thereof. 
The superintendent must carefully preserve in his office all 
such copies of books and the price thereof. 

history.— R. S. § 4020-10; 92 v. 282, § 1; 104 v. 225 (230). 

When a publisher of text-books, desiring to offer the same 
for use for pupils in the common schools of Ohio, files in the 
office of the Superintendent of Public Instruction, a copy of such 
book or books together w^ith the published price list thereof, and 
the commission, consisting of the Governor, Secretary of State and 
Superintendent of Public Instruction, fixes the maximum price 
(not exceeding 75% of such list price) at which book or books may 
be sold to or purchased by boards of education ; and if after notice 
of such price, such publisher notified the Superintendent in writing 
that he accepts such price, and agrees in writing to furnish such book 
or books during a period of five years at that price such proceedings 
constitute a contract between such publisher and the Commission for 
the benefit of boards of education of the state, whereby such pub- 
lisher becomes bound to furnish such book or books to boards of 
education for the full period of five years from that date of such 
written notice and agreement, at a price not exceeding that so 
fixed by the Commission and accepted by such publisher. 

Boards of education are limited in their selection of books to 
be used in the public schools of the state, to the books so filed 
with said Commission, but books so selected and adopted must be 
adopted for a period of five years subject to the right to change 
such adoption by the consent, at a regular meeting, of 5/6 of the 
members thereof. 

It is the duty of boards of education before adopting any 
such books, to make an effort to secure from such publishers the 
desired books at less than the maximum so fixed by the Commission. 

Within the period of five years from his acceptance of a max- 
imum price fixed b}^ the Commission for any book, a publisher 
thereof may not refile the same book, with the Superintendent 
and have a higher maximum orice fixed therefor. Op. Atty. Gen. 
(1920), p. 272. 

Publishers of text-books cannot charge more than the Ohio 
contract price on file with the State School Book Commission 
for books regularly adopted. 

When books for use in public schools are regularly adopted 
by a board of education such adoption is for a period of five years, 
and the board of education is entitled during such period to the 
benefit of the price of such text-book as filed by the pui)lisher with 
the School Book Commission. 

There is but one method for the legal adoption of books for use 
in^the pubhc schools and that is the method provided in section 
4752 General Code. The statutes do not recognize an adoption 

24 s. L. 



370 SCHOOLS AND ATTENDANCE 

of a school book for supplementary or reference purposes as 
against an adoption for school use. Op. Atty. Gen. (1919), p. 1443. 

A board of education, in making change in text books for use 
in the public schools of its district, has no authority in law to 
pay the exchange price between the old and new books from its 
contingent fund, the ownership of the newly adopted books re- 
maining with the pupils. Op. Atty. Gen. (1915). p. 1939. 

The revision of a school book is the same as the offering of a 
new book under sections 7709 and 7710, and therefore, the ex- 
piration of the listing of such revised school book expires five 
years from the date such revised edition is filed. Op. Atty. Gen. 
(1914), p. 1055. 

The General Assembly has not authorized the state textbook 
commission to examine the content or subject matter of a textbook 
filed by a publisher under section 7709 G. C., the duty of the textbook 
commission being to immediately fix the maximum price at which 
such books may be sold to or purchased by boards of education in 
the state. Op. Atty. Gen. No. 2713, Dec. 19, 1921. 

See Opinions of Attorney General as follows : 

(1917), p. 330, cited under Sec. 7710. 

(1916), p. 796, cited under Sec. 7713. 

(1915), p. 627, cited under Sec. 7739. 

Maximum SECTION 77IO. When and so often as any book and 

fo"^pubHs°her^ ^^^ price thereof is filed in the office of the superintendent 
of public instruction as provided in section 7709 a com- 
mission consisting of the governor, secretary of state and 
superintendent of public instruction, immediately shall fix 
the maximum price at which such books may be sold to or 
purchased by boards of education, as hereinafter provided, 
which price must not exceed seventy-five per cent, of the 
pubhshed list wholesale price thereof. The superintendent 
of public instruction immediately shall notify the publisher 
of such book so filed, of the maximum price fixed. If the 
pubHsher so notified^ notifies the superintendent in writing 
.that he accepts the price fixed, and agrees in writing to 
furnish such book during a period of five years at that 
price, such written acceptance and agreement shall entitle 
the pubhsher to offer the book so filed for sale to such 
boards of education. 

HISTORY.— R. S. § 4020-11; 92 v. 282, § 2; 104 v. 225 (231). 

A board of education may not adopt for use text books which 
were first filed in 1915 at a certain price but were not relisted in 
1920 by the publisher at the end of the five year period mentioned in 
section 7710 G. C., since such period ends with the expiration of the 
five years, starting with the date of acceptance by the publisher of 
the price fixed by the text book commission. Op. Atty. Gen. No. 
2137, June 6, 1921. 

Under G. C. 7710 providing a school book commission and for 
filing text books with the superintendent of public instruction, it is 
necessary to file a given text book with the published list wholesale 
price each five years. 

The five-year period mentioned in said section applies to such 
filing, and does not refer to the five-year period provided in section 
7713, during which a board of education may not make a change 
of text books. Op. Atty. Gen. 1917, p. 330. 

See Opinions of Attorney General as follows: 

(1914), p. 1055, cited under Sec. 7709. 

(1915), p. 1939, cited under Sec. 7709. 



SCHOOLS AND ATTENDANCE 



371 



Section 771 i. Such superintendent, during the first Names and 
half of the month of June, in each year, must furnish to pub[fshlrs °^ 
each board of education the names and addresses of all furnished 
publishers who during the year ending on the first day of *° ^°^^ ^' 
the month of June in each year, agreed in writing to fur- 
nish their publications upon the terms above provided. A 
board of education shall not adopt or cause to be used in 
the common schools any book whose publisher has not com- 
plied, as to such book, with the provisions of law relating 
thereto. 

HISTORY.— R. S. § 4030-12; 92 v. 282, § 3; 104 v. 225 (231). 

See Opinions of Attorney General as' follows: 
(1917), p. 330, cited under Sec. 7710. 
(1916), p. 796, cited under Sec. 7713. 

Section 7712. If a publisher who agreed in writing violation of 
to furnish books as above provided, fails or refuses to fur- JSIfshe"*^ ^^ 
nish such books adopted as herein provided to any board 
of education or its authorized agent upon the terms herein 
provided, such board at once must notify such commission 
of such failure or refusal, and it at once shall cause an 
investigation of such charge to be made. If it is found to 
be true the commission at once shall notify such publisher 
and each board of education in the state that such book 
shall not thereafter be adopted and purchased by boards of 
education. Such publisher shall forfeit and pay to the 
state of Ohio five hundred dollars for each failure, to be 
recovered in the name of the state, in an action to be brought 
by the attorney-general, in the court of common pleas of 
Franklin county, or in any other proper court or in any 
other place where service can be made. The amount, when 
collected, must be paid into the state treasury to the credit 
of the common school fund of the state. 

history.— R. S. § 4020-13; 92 v. 283, § 4. 

A teacher, superintendent, supervisor or principal employed by 
any board of education in the state, who is employed by a publisher 
of books listed with^ the superintendent of public instruction, 
according to the provisions of section 7712 G. C., as a demonstrator 
of a method reader of such publisher for sale for use in the public 
schools of this state, in a summer normal school within the state, 
is acting indirectly as a sales agent for such publisher within the 
terms of section 7718 G. C, 106 O. L., 447, and is subject to the 
provisions thereof. Op. Atty. Gen. (1916), p. 863. 

See Opinions of Attorney General as follows: 

(1916), p. 796, cited under Sec. 7718. 

(1917), p. 330, cited under Sec. 7710. 



Section 7713. At a regular meeting, held between the 
first Monday in February and the first Monday in August, 
each board of education shall determine by a majority 
vote of all members elected the studies to be pursued and 
which of such text-books so filed shall be used in the schools 
under its control. But no text-books now in use or here- 
after adopted shall be changed, nor any part thereof altered 
or revised, nor any other text-book be substituted therefor 
for five years after the date of the selection and adoption 



Text books, 
how de- 
termined; 
five-year term. 



Z'7'^ ' SCHOOLS AND ATTENDANCE 

thereof, as shown by the official records of such boards, 
except by the consent at a regular meeting, of five-sixths 
of all members elected thereto. Books so substituted shall 
be adopted for the full term of five years. 

HISTORY.— R. S. § 4020-14; 92 v. 282; 99 v. 460, § 5. 

A county board of education has no power to adopt a text book 
and therefore any recommendations to it of text books should 
in turn be referred to the various district boards of education of 
the county school district. Op. Atty. Gen. (1917), p. 1446. 

It does not become the mandatory duty of a board of education 
under the provisions of section 7713, G. C., to determine or 
redetermine what text books shall be used in the schools under its 
control, solely by reason of the fact that five years have elapsed 
since such book or books were first adopted. 

No other officer or authority may determine what text books 
shall be used in the schools of any district except in case of 
failure of the board of education to make available to all the youth 
of school age of the district lawful text books as required by 
sections 7714 and 7715, G. C. 

After a text book or text books are lawfully adopted, so long 
as the same are made available to all the youth of school age of 
the district according to the provisions of sections 7714 and 7715, 
G. C, they continue to be the lawful text books to be used in the 
schools of such district. 

When five years or more haVe elapsed since the last preceding 
adoption of a text book, the board of education of the district 
may, at a regular meeting held between the first Monday of Feb- 
ruary and the first Monday of August of any year, by a majority 
vote of the members elected thereto, adopt another text book on 
the same subject to be used in the schools of the district. Op. Atty. 
Gen. (1916), p. 796. 

See Opinions of Attorney General as follows : 

(1917), p. 330. cited under Sec. 7710. 

(1915), p. 1939, cited under Sec. 7709. 

No. 2713, (1921), cited under Sec. 7709. 

No. 2392, (1921), cited under Sec. 7645. 

Text-books, Section 7714. Each board of education shall cause 

CrdSd"^ it to be ascertained, and at a regular meeting determine 

which, and the number of each of such books the schools 
under its charge require, and cause an order to be drawn 
for the amount in favor of the clerk of the board of edu- 
cation, payable out of the contingent fund. Such clerk at 
once shall order the books so agreed upon by the board, 
of the publisher, who on the receipt of such order must ship 
them to the clerk without delay. He forthwith shall ex- 
amine the books, and, if found right and in accordance with 
the order, remit the amount to the publisher. The board 
of education must pay all charges for the transportation 
of the books out of the school contingent fund. But if 
such boards of education at any time can secure of the pub- 
lishers books at less than such maximum price, they shall 
do so, and without unnecessary delay may make effort to 
secure such lower price before adopting any particular text- 
book. 

HISTORY.— R. S. § 4020-14; 92 v. 282; 99 v. 460, § 5. 

See Opinions of Attorney General as follows : 
(1916), p. 796, cited under Sec. 7713. 
(1915), p. 1939, cited under Sec. 7709. 



SCHOOLS AND ATTENDANCE 373 

Section 7715. Each board of education shall make all Board of edu- 
necessary provisions and arrangements to place the books so and^dutS^of 
purchased within easy reach of and accessible to all the 
pupils in their district. For that purpose it may make such 
contracts, and take such security as it deems necessary, for 
the custody, care and sale of such books and accounting 
for the proceeds ; but not to exceed ten per cent, of the cost 
price shall be paid therefor. Such books must be sold to 
the pupils of school age in the district, at the price paid the 
publisher, and not to exceed ten per cent, therefor added. 
The proceeds of sales shall be paid into the contingent fund 
of such district. Boards also may contract with local retail, 
dealers to furnish such books at prices above specified, the 
board being still responsible to the publishers for all books 
purchased by it. 

history.— R. S. § 4020-14; 92 v. 282; 99 v. 460, § 5. 

See Opinions of Attorney General as follows : 
(1915), p. 1939, cited under Sec. 7709. 
(1916), p. 796, cited under Sec. 7713. 

Section 7716. When pupils remove from any district, Qia books, 
and have text-books of the kind adopted in such district and purchase of. 
not the kind adopted in the district to which they remove, 
and wish to dispose of them, the board of the district from 
which they remove, if requested, shall purchase them at the 
fair value thereof, and resell them as other books. Nothing 
herein shall prevent the board of education from furnishing 
free books to pupils as provided by law. 

HISTORY.— R. S. § 4020-14; 92 v. 282; 99 v. 460, § 5. 

See Opinions of Attorney General (1915), p. 1939, cited under 
Sec. 7709. 

-Section 7718. A superintendent, supervisor, principal who shall not 
or teacher em.ployed by any board of education in the state ^^^.^J^J^^ ^^^^^^ 
shall not act as sales agent, either directly or indirectly, for or supplies. 
any person, firm or corporation whose school text-books 
are filed with the superintendent of public instruction as 
provided by law, or for school apparatus or equipment of 
any kind for use in the public schools of the state. A vio- 
lation of this provision shall work a forfeiture of their 
certificates to teach in the public schools of Ohio. 

HISTORY.— R. S. § 4020-14; 92 v. 282; 99 v. 460, § 5; 106 v. 447; 104 v. 
225 (231). 

A teacher emplo3-ed b}- a board of education in Ohio shall 
not act as a sales agent, in the state of Missouri, for any person, 
firm or corporation whose school books are filed with the superin- 
tendent of public instruction as provided by law. Op. Atty. Gen. 
(1917), p. 1074. 

A principal or teacher in a public school is emplo3^ed within the 
meaning of the provision of section 7718, G. C., from the date of his 
acceptance of his appointment by the board of education of the 
school district and for the full term for which such appointment 
is made. Op. Atty. Gen. (1915), p. 2089. 

See Opinions of Attorney General as follows : 

(1916), p. 863, cited under Sec. 7712. 

(1917), p. 1187, cited under Sec. 7703, 



374 



SCHOOLS AND ATTENDANCE 



Care and 
preservation 
of books. 



Physical 
culture in 
schools. 



Powers of 
board of edu- 
cation, as to 
manual train- 
ing, etc. 



School savings 
banks; duties 
of principal 
or superin- 
tendent. 



Section 7720. During the vacations of schools, or 
when they are not in session such books shall be taken care 
of in the same manner that maps, globes, dictionaries and 
other school apparatus are cared for and preserved. 

HISTORY.— R. S. § 4020-16; 89 v. 241, § 2. 

Section 7721. Physical training shall be included in 
the branches regularly to be taught in public schools in 
city school districts, and in all educational institutions sup- 
ported wholly or in part by money received from the state. 
Boards of education of city school districts, and boards of 
such educational institutions must make provisions in the 
schools and institutions under their jurisdiction for teaching 
physical training, and adopt such methods as will adapt it 
to the capacity of pupils in the various grades therein. 
Other boards may make such provisions. The curriculum 
in all normal schools of the state shall contain a regular 
course on physical education. 



HISTORY.— R. S. § 4020-17; 



v. 276; 97 v. 



§ 1. 



Boards of education cannot establish military training in public 
schools under section 7721 General Code of existing law. 

All courses of study in high schools must be in compliance 
with section 7649 General Code. 

A pupil cannot be discriminated against in his general standing 
in school because he does not join a military unit in such school. 

There is no provision in law for a board of education to 
purchase military ordnance or pay expenses of physical training 
teachers at a military camp. Op. Atty. Gen. (1919), p. 653. 

See Opinions of Attorney General (1919), p. 947, cited under 
Sec. 7821. 

Section 7722. Any board of education may establish 
and maintain manual training, domestic science, and com- 
mercial departments ; agricultural industrial, vocational and 
trades schools, also kindergartens, in connection with the 
public school system; and pay the expenses of establishing 
and maintaining such schools from the public school funds, 
as other school expenses are paid. 

HISTORY.— R. S. § 4020-18; 84 v. 92; 97 v. 364; 100 v. 17, § 1. 

Section 7722-1. That it shall be lawful for the prin- 
cipal or superintendent of any public school or schools in 
the state of Ohio, or for any person designated for that 
purpose by the board of education or other school authority 
under which such school shall be, to collect once a w^eek, or 
from time to time, small amounts of savings from the pupils 
of said school, the same to be deposited by said principal or 
superintendent or designated person on the day of collec- 
tion in some savings bank, or building and loan associations, 
trust company, state or national bank, located in the school 
district and having an interest department. These moneys 
shall be placed to the credit of the respective pupils from 
whom the money shall be collected, or, if the amount col- 
lected at any one time shall be deemed insufficient for the 
opening of individual accounts, in the names of said prin- 
cipal or superintendent or designated person, in trust, and 



SCHOOLS AND ATTENDANCE 



375 



to be by him eventually transferred to the credit of the re- 
spective pupils to whom the same belongs. In the -mean- 
time, said principal or superintendent, or designated person 
shall furnish to the bank or institution a list giving the 
names, signatures, addresses, ages, places of birth, parents' 
names, and such other data concerning the respective pupils 
as the savings bank or institution may require, and it shall 
be lawful to use the words ''system of school savings banks" 
or "school savings banks," "system of school savings" in 
circulars, reports and other printed or written matter used 
in connection with the purposes of this section. 

HISTORY.— 107 V. 597, § 1. 

So-called "School Savings Banks" under the act of March 20, 
1917, are not subject to the supervision of the banking department. 

The state may be the obligee in the bond provided in said act 
to be given by the person designated to make the collections of 
deposits under G. C. section 6. Op. Atty. Gen. 1917, p. 2298. 

Section 'jy22-2. The board of education shall provide Bond of prin- 
by resolution for the giving of bond by the principal or fnt?Jid?it.*"^^'^ 
superintendent of any public school or schools in the state 
of Ohio, or any person designated for the purpose of 
making the collections, as provided for in section i, and 
also may require the depositary to give bond. If a bonding 
company or other corporate surety is offered on said bonds, 
the premium therefor may be paid by the board of 
education. 

HISTORY.-107 V. 597 (598), § 2. 

See Opinions of Attorney General (1917), p. 2298, cited under 
Sec. 7722-1. 

Section 7723. The nature of alcoholic drinks and instruction as 
other narcotics, and their effects on the human system, in *icoh^ifc °^ 
connection with the various divisions of physiology and drinks on 
hygiene, shall be included in the branches to be regularly systeni."^^" 
taught in the common schools of the state, and in all educa- 
tional institutions supported wholly, or in part, by money 
from the state. 

HISTORY.— R. S. § 4020-23; 94 v. 896, § 1; 85 v. 213. 

Section 7724. Boards of education, and boards of Provision 
such educational institutions shall make suitable provisions therefor, 
for this instruction in the schools and institutions under 
their respective jurisdictions, giving definite time and place 
therefor in the regular course of study ; adopt such methods 
as will adapt it to the capacity of pupils in the various 
grades; and to corresponding classes as found in ungraded 
schools. The same tests for promotion shall be required in 
this as in other branches. 

HISTORY.— R. S. § 4020-23; 94 v. 396, § 1; 85 v. 213. 

Section 7724-1. It shall be the duty of each teacher .^. .• 
in the public schools of the state to devote not less than preyenVng 
thirty minutes in each month, during the time such school a<=<='^e"ts. 
is in session, for the purpose of instructing the pupils 
thereof as to ways and means of preventing accidents. 

history.— 103 V. 131, § 1. 



3/6 



SCHOOLS AND ATTENDANCE 



Manvial of in- 
struction to 
be provided. 



Instruction 
of teachers. 



Examination 
of teachers 
required. 



Section yy2^-2. The superintendent of public instruc- 
tion shall prepare, publish and distribute, at the expense of 
the state, a manual conveniently arranged in chapters or 
lessons for the guidance of teachers in carrying out the pro- 
visions of this act [G. C. §§ 7724-1 to ^y2^-2\. 

history.— 103 V. 134, § 2. - 

Section 7725. In all teachers' institutes, normal 
schools and teachers' training classes, hereafter estabHshed 
by the state, 'adequate time and attention shall be given to 
instruction in the best methods of teaching such branch. 

(This refers back to Sec. 7723.) 

history.— R. S. § 4020-24: 



94 V, 



?13. 



Section "/y^d. No certificate shall be granted to any 
person to teach in the common schools, or in any educational 
institution supported by the state who does not pass a satis- 
factory examination on such subject, and the best methods 
of teaching it. 

(Reference is to Sec. 7723.) 



HISTORY.— R. S. § 4020-24: 94 v. 396, 



213. 



Duties of 
superintendent. 



Forfeiture for 
failure to give 
instruction. 



When rural 
or village 
schol may be 
suspended; 
transfer and 
conveyance of 
pupils; how 
re-established. 



Section ^^2"]. The superintendent of public instruc- 
tion shall see that the provisions in the next tw^o preceding 
sections relating to county teachers' institutes, and schools 
and classes by whatever name hereafter established for 
training teachers, and the examination of teachers, are car- 
ried out. Each year, he must make full report of the en- 
forcement of such sections in connection with his annual 
report. 

HISTORY.— R. S. § 4C20-24; 55 v. 213; 94 v. 396, § 2; 104 v. 225 (231). 

Section '7^2'^. Any school official, or employe in any 
way concerned, in the enforcement of the next five preced- 
ing sections who wilfully refuses or neglects to provide 
for, or to give the- instruction as to the nature and effect of 
alcoholic drinks and other narcotics, hereinbefore required, 
shall forfeit and pay for each offense the sum of twenty- 
five dollars. Mayors, justices of the peace and probate 
judges shall have concurrent jurisdiction with the common 
pleas court to try all such offenses. All forfeitures col- 
lected hereunder must be paid into the general county 
school fund of the county in which it was collected. 

HISTORY.— R. S. § 4020-25; 94 v. 397, § 3; 85 v. 213. 

Section 7730. The board of education of any rural 
or village school district may suspend by resolution tem- 
porarily or permanently any school in such district because 
of disadvantageous location or any other cause, and teach- 
ers' contracts shall thereby be terminated after such sus- 
pension. Whenever the average daily attendance of any 
school in the school district for the preceding school year 
has been below ten the county board of education may, 
before the first day of August, direct the suspension and 
thereupon the board of education of the village or rural 



SCHOOLS AND ATTENDANCE 37/ 

school district shall suspend such school. Whenever any 
school is suspended the board of education of the district 
shall at once provide for the assignment of the pupils re- 
siding within the territory of the suspended school to such 
other school or schools as may be named by the said board 
of education. Upon such suspension the board of educa- 
tion in authority over such village or rural school shall pro- 
vide for the transportation of all pupils so assigned who 
reside in the territory of the suspended school and who 
live more than two miles by the nearest traveled highway 
from the school to which they have been assigned, to a 
public school in the rural or village district or to a public 
school in another district, except when in the judgment of 
such board of education confirmed by the judgment of the 
county board of education such transportation is un- 
necessary. 

Ten days' notice of such suspension shall be posted in 
five conspicuous places within such village or rural school 
district by the board of education after the resolution pro- ■ 
viding for such suspensionjs adopted. Wherever such sus- 
pension is had on the direction of the county board of 
education then upon the direction of such county board, or 
upon the finding b}^ the board of education ordering such 
suspension that such school ought to be re-established, such 
school shall be re-established. 

Upon petition filed with a local board of education be- How school 
tween May i and August i of any year signed by the par- "tabiished.^" 
ents or guardians of twelve children between seven and 
fifteen years of age, living in the district and enrolled in 
school, whose residences are nearer to a certain school 
which has been suspended than to any other school of the 
district, asking that such suspended school be reopened, the 
local board of education shall reopen such school for the 
ensuing school year provided there is a suitable school 
building in the territory of such suspended school as it 
existed prior to suspension. 

HISTORY.— R. S. §* 3922; 75 v. 120, § 20; 89 v. 94; 98 v. 47; 97 v. 344; 
99 V. 2C3; 104 v. 133 (139); 106 v. 396 (398); 107 v. 638; 108 v. Pt. I 431 (434); 
108 V. Pt. I 704 (708) ; 108 v. Pt. 11 1170 (1172) ; 109 v. 288. For the operation 
of this section as amended in 108 v. Pt. II 1170 (1172), sec. 108 v. Pt. II 1170 
(1174), §§ 2 and 3. 

The board of education of any rural or village school district 
may suspend temporarily or permanently at any time any or all 
schools in such village or rural school district because of a disad- 
vantageous location or an}^ other cause. 

As to what constitutes sufficient cause to suspend temporarily 
or permanently a school in a village or rural school district, 
it is for the board of education of such district in its discretion to 
say. 

Where a board of education has decided to suspend such school, 
either temporarily or permanently and where such school is sus- 
pended during the school term, the contract of the teacher is thereby 
terminated by law since such contract was made with knowledge of 
the provisions appearing in section 7730, General Code. Op. Attv. 
Gen. (1919), p. 1593. 

Where a board of education, acting under the provisions of 
section 7684 General Code assigns all the pupils of a school district 
to another district school or schools, such assignment operates as a 
suspension of the school in question even though formal action re- 



Z7^ SCHOOLS AND ATTENDANCE 

garding suspension was not taken under section 7730 General Code; 
and where the district school has been closed in this manner, the 
patrons of the district have recourse to the provisions of section 
7730 General Code, providing for the presentation to the board of 
education of a petition * * * (Remainder of summary of 
opinion omitted as not applicable to law in present form. — Ed.) 
Op. Atty. Gen. (1919), p. 1536. 

The literal meaning of the words "may" and "shall" is not 
always conclusive in the construction of statutes in which they are 
employed ; and one should be regarded as having the meaning of 
the other when that is required to give effect to other language 
found in the statute, or to carry out the purpose of the legislature 
as it may appear from a general view of the statute in consider- 
ation. 

Where power is granted by statute to public officers by per- 
missive language, coupled with a provision for invoking the exercise 
of such power by a petition of voters, or of any part of the public, 
such language will be regarded as peremptory unless a contrary 
construction is manifestly required. 

Where the board of education of a rural township district 
suspends a one-room elementary school and assigns the pupils of 
the territory to a school maintained by a state normal college, with 
the approval and consent of the governing powers of said institution, 
which said school furnishes a proper course of study for such 
pupils, and the educational advantages are equal to those they would 
have received had they been assigned to another school and such 
pupils in being transported to said school are not subject to un- 
reasonable inconvenience or hardship, such arrangement is a sub- 
stantial compliance with the requirements of section 7730, G. C, and 
the expense of said transportation should be borne by said rural 
district. Op. Atty. Gen. (1920), p. 386. 

Where the wife of a member of a board of education appears 
as a party to a contract with such board of education such contract 
is in violation of section 4757, G. C, and is null and void. 

Where a school has been suspended by a board of education 
under the provisions of section 7730, G. C, the transportation pro- 
vided b}' the board of education must be to a public school and not 
to a school privately supported. Op. Atty. Gen. (1920), p. 1143. 

Provision must be made for the transportation of all pupils of 
legal school age who reside in the territory of a suspended school 
and live more than two miles by the nearest traveled highway from 
the nearest school or the school to which they have been assigned. 
Patton et al v. State ex rel 30 O. C. A. 302. 

Under the present school code of Ohio there is no provision 
for what were known in the past as sub-districts, and the sub- 
district school is, therefore, now without authority or legal existence. 

Provision must be made for the transportation of all pupils 
of legal school age who reside in the territory of a suspended school 
and live more than two miles by the nearest traveled highway^from 
the nearest school, or the school to which they have been assigned. 
Patton et al, Board of Education of Dover Township et al v. The 
State, ex rel., Hershey et al. 14 Ohio App. (Decided, June 11, 
1919). 

When and SECTION 7/30-1. In Order to protect the rights of the 

how school petitioners mentioned in section 7730, where a school has 

^xhtrl school been suspended through either or any of the processes men- 

maTbe^soid. tioucd in such scctiou, the school building and real estate 

located in the territory of such suspended school and in 

which property the board of education has legal title, shall 

not be sold by the board of education of the district until 

after four years from such date of suspension of said school 

unless the said school building has been condemned for 

school use by the chief deputy of the division of workshops, 

factories and public buildings. Failure to use the school 



SCHOOLS AND ATTENDANCE 



379 



building for school purposes within the four years follow- 
ing the resolution of suspension of such school shall be con- 
sidered a legal abandonment of such school and the school 
building and real estate in which the board of education 
has legal title may be disposed of by such board of educa- 
tion according to law. 

HISTORY.-108 V. Pt. II n70 (1173). 

The provisions of House Bill 592 (Sec. 7587-1, 7587-2, 7587-3, 
7587-4 and 7587-5, G. C, 108 Ohio Laws, Part II, p. 1132) provid- 
ing for a replacement fund, would not change or modify the pro- 
visions of section 7603 that moneys received from the sale of school 
property sold in compliance with sections 4756 and 7730-1, G. C, 
should be placed in the contingent fund of the board of education. 
Op. Atty. Gen.' No. 1865, February 21, 1921. 

Section 7731. In all city, exempted village, rural and When board 
village school districts where resident elementary school fransportaSon. 
pupils live more than two miles from the school to which 
they are assigned the board of education shall provide 
transportation for such pupils to and from such school ex- 
cept when in the judgment of such board of education, con- 
firmed, in the case of a school district of the county school 
district, by the judgment of the county board of education, 
or, in the case of a city or exempted village school district, 
by the judgment of the probate judge, such transportation 
is unnecessary. The transportation for pupils living less 
than two miles from the school house by the nearest prac- 
ticable route for travel accessible to such pupils and the 
transportation of pupils who are pursuing high school 
branches shall be optional with the board of education, ex- 
cept as provided in section 7749, General Code. 

When transportation of pupils is provided the convey- Time schedule 
ance shall be run on a time schedule that shall be adopted 
and put in force by the board of education not later than 
ten days after the beginning of the school term and it must 
pass within one-half mile of the residence of such pupils 
or the private entrance thereto. When local boards of 
education neglect or refuse to provide transportation for 
pupils the county board of education shall provide such 
transportation and the cost thereof shall be paid as pro- 
vided in section 7610- 1, General Code. 



history.— R. S. § 3922; 75 v. 120, § 20; 89 v. 94; 
V. 203; 104 v. 133 (140); 107 v. 621 (625); 109 v. 289. 



V. 47; 97 v, 344; 



One who entered into a contract, entire in its nature, with a 
board of education, providing that he should convey pupils to and 
from school during a school year, of eight and one-half months, 
at a stipulated compensation payable monthly, is entitled to such 
compensation during a period of suspension of the schools by the 
board of education, though it be upon the direction of the 
board of health as a precautionary health measure, there being no 
provision in the contract relative to such contingency and it appear- 
ing that the suspension was temporary and the person so employed 
was required to and did continue ready and willing at all times to 
perform his duties under the contract, which he in fact did upon 
the resumption of school after such period of suspension. Mont- 
gomery V. Board of Education, 102 O. S. p. 189. 

A party hauling pupils to and from school under an entire con- 
tract for the school year is not subject to deduction of pay for the 



380 ' SCHOOLS AND ATTENDANCE 

time the schools are closed by a temporary order, indefinite as to 
time, of the board of health where it is conceded that such party 
during said period holds himself in readiness to perform the con- 
tract. 

The fact that compensation under said contract is payable by 
the month, and that the temporary order remained in force for one 
month, does not affect the result. CashdoUar v. Clotts et al., 31 O. 
C. A. 503. 

Section 7731 under the law providing that in all rural and vil- 
lage school districts transportation shall be provided for pupils who 
live more than two miles from the nearest school house, distance 
is to be computed by including the distance from the exit of the 
curtilege by the most direct path or way to the point where it in- 
tersects the highway leading to the school house. State, ex rel., v. 
Board of Education. 21 O. N. P. (N. S.) 126. 

Section 7731, General Code (107 O. L., 625), makes the county 
board of education the real party defendant in an action to compel 
the conveyance of pupils of school age residing within a school dis- 
trict to some other school within the rural school district, and fail- 
ure to make said county board a party defendant leaves the petition 
open to demurrer. 

Furthermore, the absence of any evidence of notice to the 
vjounty board, or of knowledge on its part, of refusal by the town- 
ship board to convey the pupils in question to some school in said 
district, is fatal to an action in mandamus to compel provision of 
such service, under the rule that in a proceeding to compel an officer 
to do an act, which it is claimed the law enjoins upon him, the exist- 
ence must be shown of all facts necessary to put him in default. 
Siber et al. v. State, ex rel. 9 App. 450. 

Provisions must be made for the transportation of all pupils 
of legal school age who reside in the territory of a suspended school 
and live more than 2 miles by the nearest traveled highway from the 
nearest school or the school to which they have been assigned. 
Patton V. State, ex rel Hershey. 14 App. 64. 

The statutory requirement that boards of education of rural 
and village school districts shall transport to and from the school 
house pupils of the district who live more than 2 miles from the 
nearest school in the district in which they reside, does not require 
that such transportation be furnished to children living in the dis-- 
trict who are attending a nearer school in another district, and 
mandamus does not lie to compel provision of such transportation. 
State, ex rel Keller v. Board of Education. 11 App. 298. 

By section 7731-1, General Code (108 O. L.,^ Pt. I. 109) the 
designation of places as depots to gather children is made optional 
with a board of education. If this discretion has been exercised 
and certain places have been designated as depots, then shelter is 
required to be provided for such children. State, ex rel v. Board 
of Education, 102 O. S. p. 446. 

Under existing law county boards of education are without 
authority to purchase wagons for the conveyance of school children, 
such conveyances to remain the property of the county board and 
to be assigned by the count}' board to various school districts within 
the county school districts. Op. Atty. Gen (1919), p. 1243 

Distance from the residence of pupils to the school house to 
which they are assigned must be measured over the nearest traveled 
public highway, that is, the highway that is at all times practicable, 
convenient and accessible to such pupils, and one that can be used 
by vehicles of travel. Op. Atty. (^en. (1919), p. 1439. 

A public highway along which the measurement is made to 
calculate the distance from a pupil's home to school must be one 
opened to the public and not simply dedicated and platted. Op Atty. 
Gen (1917), p. 297. 

When a board of education provides transportation for pupils 
under section 7731, General Code (107 O. L., 625) and a conveyance 
is furnished which passes within one-half mile of the pupil's resi- 
dence or private entrance thereto, such board has fully complied 
with the provisions of that section. State, ex rel., v. Board of Edu- 
cation, 102 O. S. 446. 



SCHOOLS AND ATTENDANCE 381 

Where a rural school district or a village school district, acting 
under section 7731-4 G. C, makes an agreement with a parent or 
other person in charge of a child for the transportation of such 
child to school, and the district owns neither the vehicle nor the 
means of locomotion, only one-third the amount paid for trans- 
porting such pupils shall constitute the "personal service expense" 
as defined in section 7787 G. C 

In the annual distribution of school funds by the county auditor 
after each semi-annual settlement with the county treasurer, the 
expense that may be attributed to the transportation of pupils in a 
village district or a rural school district shall be fifty per cent, of 
the "personal service expense" incurred in such transportation, as 
defined in section 7787 G. C. Op. Atty. Gen. No. 2804, Jan. 20, 1922. 

Except in a centralized school district (7749 G. C.) the trans- 
portation of an elementary pupil to school by a board of education ' 
is optional (7731 G. C.) unless such pupil has been assigned to a 
school "without the district" distant more than two miles from the 
residence of the child (7764 G. C.). (Above paragraph to be read 
in connection with paragraph following. — Ed.) 

Where a local board of education decides in its discretion 
that the transportation of an elementary pupil residing more than 
two miles from a school within the district is "unnecessary," such 
judgment of the local board must be confirmed by the county board 
of education, or the probate court, as the case may be; and if not 
so confirmed the transportation of an elemenaary pupil resident more 
than two miles from school is mandatory (7731 G. C). 

The transportation of elementary pupils residing two miles or 
less from school is optional with a board of education (7731) except 
in a centralized school district (7749 G. C.). 

The transportation of a pupil eligible to high school by a board 
of education is optional (7731 G. C.) unless (a) the pupil resides in 
a district as described in 7749 G. C., or (b) has been assigned to a 
high school "without the district" and distant more than four miles 
from the residence of the pupil (7764 G. C.). 

Every board of education must provide "work in high school 
branches" at some school within four miles of the residence of any 
pupireligible to high school (7764-1 G. C.) ; but if the local board 
rather than furnish such work in its local district desired (a) to 
provide transportation to any recognized high school, or (b) pay 
for transportation under 7731-4 G. C., instead of directly providing 
it, or (c) pay for the pupil's room and board, or part of same, in 
an amount less than it would cost as provided in 7749-2 G. C., the 
local board has the privilege or option of thus furnishing "high 
school work." Op. Atty. Gen. No. 2949, Mar. 28, 1922. 

Section 7731-1. The boards of education of city, ex- Depots 
empted village, village or rural school districts may by designated, 
resolution designate certain places as depots from which to 
gather children for transportation to school, when such dis- 
tricts provide transportation. The places designated as 
depots shall be provided with a shelter and be made com- 
fortable during cold and stormy weather. Such depots 
shall in no case be more than one-half mile from the resi- 
dence or the private entrance to such residence of pupils 
who are compelled to use such depots. 

HISTORY.— ]06 V. 496; 108 v. Pt. I 704 (709); 109 v. 554. 

By section 7731-1, General Code (108 O. L.. Pt. I. 709). the 
designation of places as depots to gather children is made optional 
with a board of education. If this discretion has been exercised and 
certain places have been designated as depots, then shelter is re- 
quired to be provided for such children. State, ex rel., v. Board of 
Education. 102 O. S., 446. 



382 



SCHOOLS AND ATTENDANCE 



Vehicles shall 
be brought to 
full stop be- 
fore crossing 
railroad. 



Qualifications 
of driver of 
vehicle; bond. 



When parent 
may be em- 
ployed to con- 
vey child or 
children; com- 
pensation. 



Under the provisions of section 7731-1 G. C, the designating 
of a depot for pupils on a transportation route is discretionary with 
the board of education; where such board has by resolution desig- 
nated certain places as depots, from which to gather children for 
transportation to school, such depots must be provided with a shelter 
and be made comfortable during cold and stormy weather, and shall 
in no case be located more than one-half mile from the private 
entrance to the residence of the children compelled to use such 
depots. Op. Atty Gen. No. 1793, Jan. 15, 1921. 

Section y'JZi-2. It shall be the duty of the driver in 
charge of a vehicle engaged in the transportation of chil- 
dren to bring the vehicle to a full stop before crossing the 
tracks of any railroad or interurban electric line and not 
proceed across such tracks until absolutely certain that no 
car or train is approaching from either direction. 

The vehicle shall be of such construction as to afford 
the driver thereof a practically unobstructed view of the 
roadway ahead, and also to his right and left. 

HISTORY.-109 V. 289. 

Section 7731-3. When transportation is furnished in 
city, rural or village school districts no one shall be em- 
ployed as driver of a school wagon or motor van who has 
not given satisfactory and sufficient bond and who has not 
received a certificate from the county board of education 
of the county in which he is to be employed or- in a city 
district, from the superintendent of schools certifying that 
such person is at least eighteen years of age and is of good 
moral character and is qualified for such position. Pro- 
vided, however, that a county board of education may grant 
such certificate to a boy who is at least sixteen years of 
age and who is attending high school. Any certificate may 
be revoked by the authority granting same on proof that the 
holder thereof has been guilty of improper conduct or of 
neglect of duty and the said driver's contract shall be 
thereby terminated and rendered null and void. 

HISTORY.— 100 V. 289. 

Section 7731-4. If a local board deems the transpor- 
tation of certain children to school by school conveyance 
impracticable and is unable to secure what is deemed a rea- 
sonable offer for the transportation of such children the 
local board shall so report to the county board of educa- 
tion. If the county board of education deems such trans- 
portation by school conveyance practicable or the offers 
reasonable they shall so inform the local board and trans- 
portation shall be provided by such local board. If, how- 
ever, the county board of education agrees with the view 
of the local board it shall be deemed compliance with the 
provisions of sections 7730 and 7731, General Code, by 
such local board if such board agrees to pay the parent or 
other person in charge of the child or children for the trans- 
portation of such child or children to school the following 
amounts for each day of actual transportation : 

For one child in family transported not more than three 
miles, seventy-five cents. 



SCHOOLS AND ATTENDANCE 383 

For one child in family transported more than three 
and not more than four miles, one dollar. 

For one child in family transported more than four 
miles, one dollar and fifty cents. 

For each additional child in a family, in every case, 
twenty-five cents. 

For transportation to school only or from school only 
one-half of the above amounts. 

It shall be the duty of the teacher or teachers in charge Accurate days 
of such children to keep an accurate account of the days kepfby'tea^hlr. 
they are transported to and from school. A failure of a 
parent or guardian to arrange to have his child transported 
to school, or his failure to have the child attend on the 
ground that the transportation is not supplied cannot be 
plead as an excuse for the failure of such parent or guardian 
to send such child to school ^or for the failure of the child 
to attend school. 

HISTORY.-109 V. 290. 

See opinions of Attorney General. No. 2693 (1921), cited 
under Sec. 7764-1. 

Section 7733. At its option, the board of education . Conveyance 
in any village school district may provide for the convey- °^ ^"^* ^" 
ance of the pupils of the district or any adjoining district, 
to the school or schools of the district, the expense of con- 
veyance to be paid from the school funds of the district in 
which such pupils reside. But such boards as so provide 
transportation, shall not be required to transport pupils 
living less than one mile from the school house or houses. 

HISTORY.— 99 V. 234, § 1; 101 v. 307. 

A party hauling pupils to and from school under the entire 
contract for the school year is not subject to deduction for the time 
the schools are closed by a temporary order of the board of health, 
indefinite as to time, where it is conceded that such party during 
said period held himself in readiness to perform the contract. 

The fact that compensation under said contract is payable by 
the month, and that the temporary order remained in force for one 
month, does not affect the result. Cashdollar v. Board of Educa- 
tion. 12 App. 298. 

One who entered into a contract, entire in its nature, with a 
board of education, providing that he should convey pupils to and 
frorn school during a school year, of eight and one-half months, at 
a stipulated compensation payable monthly, is entitled to such com- 
pensation during a period of suspension of the schools by the board 
of education, though it be upon the discretion of the board of health 
as a precautionary health measure, there being no provision in the 
contract relative to such contingency and it appearing that, the sus- 
pension was temporary and the person so employed was required 
to and did continue ready and willing at all times to perform his 
duties under the contract, which he in fact did upon the resumption 
of school after such period of suspension. Montgomery v. Board 
of Education. 102 O. S. 189. (Mar. 29, 1921). 

Section 7734. The board of any district may con- Pupils may be 
tract with the board of another district for the admission d1"tricru» °''^ 
of pupils into any school in such other district, on terms another. 
agreed upon by such boards. The expense so incurred shall 
be paid out of the school funds of the district sending such 
pupils. 



3^4 SCHOOLS AND ATTENDANCE 

HISTORY.— R. S. § 4022; 73 v. 243, § 64. 

As to who may be admitted to public school, see G. C. § 7681. 

A board of education of any district may contract with the 
board of another district for the admission of pupils into any 
school in another district. Op. Atty. Gen. (1916), p. 1617. 

Tuition contracts and agreements must be made between boards 
of education representing school districts and any school privately 
supported cannot collect tuition from a board of education (Sec- 
tions 7750, 7752, General Code), and tuition can be paid only to 
boards of education within the state of Ohio. Op. Atty. Gen (1919), 
p. 497. 

Where a pupil lives less than one and one-half miles from the 
school house of the district wherein such pupil lives, there is no 
liability on the part of the board of education of such district to 
pay the tuition of pupils attending school in another adjoining dis- 
trict, in the absence of any agreement to pay such tuition in accord- 
ance with section 7734, General Code. In the absence of any con- 
tract for the payment of tuition, the father of such child may be 
held for a reasonable amount in payment of such tuition. 

The distance between the home of the pupil and the school 
house of the district wherein such pupil resides, should be deter- 
mined by the nearest route from such home to such school house 
as determined by section 7735 G. C. Op Atty. Gen (1914), p. 1783. 

Under the provisions of section 7734 G. C, the board of edu- 
cation of a school district may lawfully contract with the board of 
education of another district of districts for the admission of its 
pupils into one or more of the -schools of such other districts and 
the amount of tuition for attendance of pupils may be fixed by the 
terms of the contract agreed upon by the boards of education of 
the several districts. 

Where the attendance and amount of tuition are determined 
by the terms of a contract made between the boards of education 
of such districts, the provisions of section 7736 G. C. and section 
7747 G. C. are not applicable. There is no requirement in law that 
the amount of tuition paid to one foreign board of education need 
be exactly the same amount paid to another board of education where 
a contract is had with more than one board. 

Where a board of education enters into a contract or contracts 
with other boards of education for the tutoring of its pupils, and 
the schedule of pay for such tuition is later desired to be changed, 
a new contract or contracts should be prepared and agreed upon, 
for the reason that the limit of the liability resting upon a board 
of education to pay a pupil's tuition is the maximum amount named 
in any of the board's tuition contracts. In cases where no agreement 
as to paying the tuition of pupils is entered into, the school to be 
attended by a pupil eligible to high school (in cases in which the 
pupil is not required to attend high school in his own district. — Ed.) 
can be selected by the pupil holding a diploma. Op. Atty. Gen. 
(1920), p. 165. 

See Opinions of Attorney General as follows : 

(1918), p. 927, cited under Sec. 7684. 

(1916), p. 1471, cited under Sec. 7735. 

No. 2360 (1921), cited under Sec. 7749-1. 

Attendance at SECTION 7735- Wheii pupils Hvc morc than one and 

nearest school, one-half miles from the school to which they are assigned 
in the district where they reside, they may attend a nearer 
school in the same district, or if there be none nearer 
therein, then the nearest school in another school district, 
in all grades below the high school. In such cases the board 
of education of the district in which they reside must pay 
the tuition of such pupils without an agreement to that effect. 
But a board of education shall not collect tuition for such 
attendance until after notice thereof has been given to the 



SCHOOLS AND ATTENDANCE 385 

board of education of the district where the pupils reside. 
Nothing herein shall require the consent of the board of 
education of the district where the pupils reside^ to such 
attendance. 

HISTORY.— R. S. S 4Qr>->a; 89 v. 233; 90 v. 295; 91 v. 54; 92 v. ]32; 
95 V. 516; 97 v. 364. 

The statutory provision "or transportation of pupils provided" 
does not constitute a defense against payment of such a bill for 
tuition, where the furnishing of transportation was discussed and 
perhaps proffered, but was not actually provided. Board of Edu- 
cation. 20 O. N. P. (N. S.) 193. 

In assigning pupils to the public school nearest to their resi- 
dence, the distance should be measured by the most direct path 
from the school house door to the middle of the highway and 
thence to the said residence: Board of Education v. Board of Edu- 
cation, 15 O. C. C. (N. S.) 521, 24 O. C. D. 213 [affirming Board of 
Education, 11 O. N. P. (N. S.) 286, 23 O. D. (N. P.) 698, and af- 
firmed, without opinion, Board of Education v. Board of Education. 
88 O. S. 549.] 

The board of education of one township rural school district 
may contract with the board of education of another township 
rural school district for the admission of pupils of the former dis- 
trict into the schools of the latter district and when such contract is 
made the board of education af the former district may assign pupils 
therein to the schools of the latter district and compel the attend- 
ance of the pupils so assigned, who are subject to the compulsory 
education laws, to the schools to which they are assigned subject 
to the rights of such pupils under the provisions of section 7735 
G. C. Op. Atty. Gen. (1916), p. 1471. 

Tuition for non-resident pupils, provided for by section 7735 
G. C., is not an obligation against the school district of the residence 
of such pupils until after notice of such attendance is filed with the 
board of education of such district. 

Notice must be given to the board of education of a school 
district in which pupils reside before tuition for such pupils attend- 
ing school in another district, as provided by section 7735 G. C. be- 
comes an obligation against the district of the residence of such 
pupils. Op. Atty. Gen. (1917), p. 12. 

The notice required by section 7735, which permits children 
residing more than one mile and a half from the school to which 
they are assigned to attend a nearer school in another district, is a 
notice from the board of education of the district in which the chil- 
dren are attending to the board of the district in which they reside 
that a claim will be made for their tuition, the purpose of such 
notice being to give the debtor broad opportunity to settle the claim 
before the expense of suit is incurred. 

Knowledge of the board of the district in which. the children 
reside of the fact that they are attending school in an adjoining dis- 
trict and acquiescence therein is sufficient to satisfy the requirement 
as to notice. Op. Atty. Gen. (1919), p. 565. 

Where a pupil lives more than one and one-half miles from 
the school to which he has been assigned in his own district, and 
there is located a nearer school in his own district, but such pupil 
attends a school in an adjoining district, which school in the ad- 
joining district, although nearer than the school to which the pupil 
is assigned, is farther than the school which the pupil might have 
attended in his own district, under such circumstances tuition can- 
not be collected from the board of education of the district of the 
residence of such pupil by the board of education of the district 
where such pupil attended school. 

Where a pupil lives more than one and one-half miles from 
the school to which he has been assigned in his own district, but 
attends school in another district, which is farther from the resi- 
dence of such pupil than the school in his own district, the board 
of education of such district where such pupil attends school can- 



386 SCHOOLS AND ATTENDANCE 

not collect tuition from the board of education of the district where 
the pupil resides. Op. Att}^ Gen. (1918), p. 1157. 

See Opinions of Attorney General as follows : 

(1916), p. 1617, cited under Sec. 7734. 

(1914), p. 1783, cited under Sec. 7734. 

How per SECTION 7736. Such tuition shall be paid from either 

at«nained°" ^^^^ tuition or the contingent fund, and the amount per capita 
and paid. must be ascertained by dividing the total expenses of con- 

ducting the elementary schools of the district attended, ex- 
clusive of permanent improvements and repairs, said total 
expenses to include interest charges not exceeding five per 
cent per annum and depreciation charges not exceeding five 
per cent per annum, based upon the actual value of all prop- 
erty used in conducting said elementary school by the net 
annual enrollment in the elementary schools of the district, 
such amount to be computed by the school month. In com- 
puting such total expenses of conducting the elementary 
schools of such district the amount of the state common 
school fund and the proceeds of the state school levy re- 
tained in the county, apportioned to such district on ac- 
count of teachers and other persons employed in such 
elementary schools, the amount of said state common school 
fund apportioned thereto on account of transportation of 
pupils, and the amount of such funds apportioned thereto 
on account of aggregate days of attendance of pupils shall 
be deducted from the gross expenses of conducting such 
schools. An attendance any part of a school month will 
create a liability for the whole school month. Unless the 
annual school session is terminated before the end of a full 
school month. 

HISTORY.— R. S. § 4022a; 89 v. 233; 90 v. 295; 91 v. 54; 92 v. 132; 

96 V. 516; 97 v. .364; 107 v. 621 (62.5); 108 v. Pt. II 1303 (1310); 109 v. 374, 

For the time at which the amendment of this section in 108 v. Pt. II 1303 
takes effect, see 108 v. Pt. II 1303 (1313), § 3. 

See Opinions of Attorney General as follows : 
(1920), p. 165. cited under Sec. 7734. 
No. 2220 (1921), cited under Sec. 7896-55. 



Not to apply 
when schoc " 
are central 



Section 'J^J^^'j. When the schools of a district are cen- 
hen schools tralizcd or transportation of pupils provided, the provisions 

-e centralized. . . ^ ^ ^ ,. ^ -^ in ^ i 

01 the next two preceding sections shall not apply. 

HISTORY.— R. S. § 4022a; 89 v. 2-33; 90 v. 295; 91 v. 54; 92 v. 132; 
95 V. 516; 97 v. 364. 

Sufficient Section 7738. Every board of education in this state 

school accom- must provide sufficient accommodations in the public schools 
be provided. for all children in their districts compelled to attend the 
public schools under the provisions of this chapter. Au- 
thority to levy the tax and raise the money necessary for 
such purpose, is hereby given the proper officers charged 
with such duty under the law. 

HISTORY.-R. S. § 4022-13; 90 v. 291, § 13; 95 v. 622, § 4022-13. 

Free school- Section 7739- Each board of education may furnish, 

books. free of charge, school-books, necessary to enable the par- 

ent or guardian, without expense therefor, to comply with 
the requirements of this chapter, to be paid for out of the 



SCHOOLS AND ATTENDANCE 38; 

contingent fund at its disposal. Such levy each year, in 
addition if necessary to that otherwise authorized, as may 
be necessary to furnish such schoolbooks free of charge to 
all the pupils attending the public schools, is hereby au- 
thorized. But pupils wholly or in part supplied with neces- 
sary school-books shall be supplied only as other or new- 
books are needed. All school-books furnished as herein 
provided, shall be the property of the district, and loaned to 
the pupils on such terms and conditions as each such board 
prescribes. 

HISTORY.— R. S. § 4026; 91 v. 260; 87 v. 317; 74 v. 57, § 4. 

The board of education of a school district cannot be com- 
pelled to furnish school books free of charge to pupils of a paro- 
chial school. Board authorized to purchase only text-books adopted 
by board. Op. Atty. Gen. (1915), p. 627. 

See Opinions of Attorney General (1915), p. 1939, cited under 
Sec. 7709. 

Section 7562-1. That the trustees of any township Trustees em- 
are authorized and empowered to construct, rebuild and re- conSruct.^'^etc., 
pair foot-bridges across the rivers and streams in their re- footbridges as 

^ . 1-11 1 • means of ac- 

spective townships when they may deem it necessary so to cess to schools. 
do in order to provide convenient means of access to the 
public schools of their said township by the pupils residing 
in the school district, wherein a public schoolhouse is 
located ; but in no case shall the cost of the aforesaid con- 
struction, rebuilding or repair of any said foot-bridge ex- 
ceed the sum of one thousand dollars. 

HISTORY.— 104 V. 198, § 1. 

Section 7562-2. Said township trustees are author- submission of 
ized to pay the cost of the construction, rebuilding or repair ^"^^^jgj^ l^ *° 
of such said bridges out of any funds unappropriated for pay cost. 
any other purpose and in the township treasury. Should 
there be no funds in the township treasury available for 
the aforesaid purposes, then the said trustees are authorized 
and empowered to levy a tax for the purpose of procuring 
the necessary funds for the construction, rebuilding or re- 
pair of said bridges, which said tax shall be levied upon all 
of the taxable property in said twonship [township], and 
shall be certified, levied and collected in the manner pre- 
scribed by law for the certification, levy and collection of 
other township taxes, and the money so raised shall be paid 
over to the township treasurer and by him paid out on the 
order of the township trustees certified by the township 
clerk ; provided, however, that said tax shall not be levied 
until the same has been approved by a majority of the 
qualified voters of said township voting at any election at 
which said question shall be submitted. 

HISTORY.— 104 V. 198, § 2. 

Section 7562-3. Said election shall be called at a reg- Election, 
ular meeting of the township trustees and shall be held 
within thirty days from the date of the resolution of the 
township trustees calling the same. Twenty days' notice of 



388 



SCHOOLS AND ATTENDANCE 



When tuition 
paid by board 
of education; 
how expenses 
computed. 



Certification of 
pupils eligible 
to high school. 



said election shall be given by the posting of notices thereof, 
by the township clerk, in ten public places of said township, 
and provisions for the holding of said election shall be made 
by the deputy state supervisors of elections upon receiving 
notice, from the clerk of the township, of the date and pur- 
pose of said election. 

HISTORY.— 104 V. 198, § 3. 

Section 7747. The tuition of pupils who are eligible 
for admission to high school and w^ho reside in districts in 
which no high school is maintained, shall be paid by the 
board of education of the school district in which they have 
legal school residence, such tuition to be computed by the 
school month. An attendance any part of the school month 
shall create a liability for the entire school month, unless 
the annual session is terminated before the end of a full 
school month. No more shall be charged per capita than 
the amount ascertained by dividing the total expenses of 
conducting the high school attended, exclusive of permanent 
improvements and repair, said total expenses to include 
interest charges not exceeding five per cent per annum and 
depreciation charges not exceeding five per cent per annum, 
based upon the actual value of all property used in con- 
ducting such high school, by the net annual enrollment in 
the high school. 

In computing such total expenses of conducting such 
high school the amount of the state school levy retained in 
the county apportioned to such district on account of teach- 
ers and other persons employed in such high school, the 
amount of said common school fund apportioned thereto on 
account of transportation of high school pupils and the 
amount of such funds apportioned thereto on account of 
aggregate days of attendance of high school pupils shall be 
deducted from the gross expenses of conducting such school. 

The district superintendent shall certify to the county 
superintendent each year the names of all pupils in his 
supervision district who have completed the elementary 
school work and are eligible for admission to high school. 
The county superintendent shall thereupon issue to each 
pupil so certified a certificate of promotion which shall en- 
title the holder to admission to any high school. Such cer- 
tificate shall be furnished by the superintendent of public 
instruction. 

HISTORY.— R. S. § 4029-3; 89 v. 123, § 3; 95 v. 72; 95 v. 218; 100 v. 
74; 104 V. 125; 107 v. 621 (625); 108 v. Pt. II 1303 (1310). 109 v. 245; 109 v. 375. 
For the time at which the amendment of this section in 108 v. Pt. II 1303 
takes eflFect, see 108 v. Pt. TI 1.S03 (1313). § 3. 

School districts maintaining second and third grade high 
schools, have not reached the maximum levy permitted by law, as 
provided in section 7748 General Code where the electors in such 
school district, at a special election held on August 10, 1920', refused 
to authorize the additional levy allowed under the provisions of 
section 5649-5 and 5649-5a, submitted at such election under author- 
ity of section 3 of House Bill 615 (108 O. L.._ 1303), and the board 
of education is not relieved of paying the tuition of graduates elig- 
ible to high school who are residents in such school district. Op. 
Atty. Gen (1920), p. 920. 



vCIlOOI.S AND ATTENDANCE 



389 



See Opinions ol Attorney General as follows: 
No. 2360 (1921), cited under Sec. 7749-1. 
U917), p. 2286, cited under Sec. 7748. 
(1917), p. 1790, cited under Sec. 7748. 
(1914), p. 1004, cited under Sec. 7748. 
(1917). p. 918, cited under Sec. 7748. 
(1915), p. 1381, cited under Sec. 7750. 
(1920), p. 165, cited under Sec. 7734. 

Section 7748. A board of education providing a third 
grade high school as defined by law shall be required to pay 
the tuition of graduates from such school residing in the 
district at any first grade high school for two years, or at 
a second grade high -school for one year. Should pupils 
residing in the district prefer not to attend such third grade 
high school the board of education of such district shall be 
required to pay the tuition of such pupils at any first grade 
high school for four years, or at any second grade high 
school for three years and a first grade high school for one 
year. Such a board providing a second grade high school 
as defined by law shall pay the tuition of graduates residing 
in the district at any first grade high school for one year; 
except that, a board maintaining a second or third grade 
high school is not required to pay such tuition when the 
maximum levy permitted by law for such district has been 
reached and all the funds so raised are necessary for the 
support of the schools of such district. No board of educa- 
tion is required to pay the tuition of any pupil for more than 
four school years ; except that it must pay the tuition of all 
successful applicants, who have complied with the further 
provisions hereof, residing more than four miles by the most 
direct route of public travel, from the high school provided 
by the board, when such applicants attend a nearer high 
school, or in lieu of paying such tuition the board of educa- 
tio;i maintainins: a high school may pay for the transporta- 
tion of the pupils living more than four miles from the said 
high school, maintained by the said board of education to 
said high school. Where more than one high school is 
maintained, by agreement of the board and parent or 
guardian, pupils may attend either and their transportation 
shall be so paid. A pupil living in a village or city district 
who has completed the elementary school course and whose 
le.s^al residence has been transferred to a rural district in 
this state before he begins or completes a high school course, 
shall be entitled to all the rights and privileges of a resident 
pupil of such district. 

HTSTORY.— p. S. § 4C29-3; S9 v. 123, § .3; 95 v. 72; 95 v. 218; 100 v. 74; 
101 V. 296; 104 v. 125 (126). 

The board of education of a village school district which 
maintains a third grade high school is obliged to pay the tuition of 
the graduates of said high school to some other high school of 
higher grade after their graduation, unless the maximum levy 
permitted by law has been reached and all the funds iio raised are 
necessary for the support of the schools of such district. Op. Atty. 
Gen. (1917), p. 1790. 

A board of education which maintains no high school, but 
which has entered into an agreement with a board of education in 
the same or an adjoining township which does maintain a high 



Tuition of 
graduates of 
third grade 
high school. 



Exception. 



Provision for 
transportation 
of pupils. 



Effect of re- 
rnoval from 
village or city 
district. 



390 SCHOOLS AND ATTENDANCE 

school for the schooling of the high school pupils of the first 
named board, is not compelled to pay the tuition of pupils of such 
school district who live more than four miles from the school 
maintained by the board and who attend high schools other than 
the one with which the board has the contract, unless the school 
such pupils attend is a nearer high school. Op. Attv. Gen. (1917), 
p. 2286. 

Adjoining school districts "A" and "B" each maintain third 
grade high schools. A high school pupil resides in district "A", 
more than four miles from scEool, although nearer to it than to the 
school he attends in district "B". District "A" is not liable for 
the tuition of said pupil to district "B". 

Where any question arises as to the distance a pupil lives 
from a high school and it is necessary to ascertain same, such dis- 
tance is measured "by the most direct public highway from the school 
to the nearest part of the curtilage surrounding the home of the 
pupil." 

Where a high school pupil attends school in a district other 
than in the district of his residence and where his district is not 
1«"g3lly bound to pay his tuition, such tuition may be recovered from 
the parent or guardian of the pupil, or the pupil, depending on the 
circumstances. Op. Atty. Gen. (1917), p. 666. 

A pupil who completes the course of study prescribed by a 
board of education is considered a graduate even though hi s dip loma 
has been withheld from him and the board of education of such 
pupil's residence^ must pay his tuition at a high school the same as 
though he had received said diploma. 

_ A diploma must be granted to any one who completes the 
curriculum in any high school. 

The statute which required a pupil to deliver an oration or 
declamation, or read an essay at a commencement exercise before 
such pupil was entitled to a certificate of graduation, has been 
repealed. 

If the board of education has included in its course of study 
the writing of a thesis and a pupil refuses to write such thesis, 
the said pupil is not a graduate of such school and is not entitled 
to his diploma. Op. Atty. Gen. (1918). p. 1327. 

A pupil holding a diploma under the provisions of section 7744 
G. C. (now repealed) is entitled to the advantages of a high school 
education as provided in sections 7747 and 7748 G. C. 

But he must use these advantages under the limitations set out 
in section 7748 G. C., and whenever the board of education of the 
township or district in which he resides establishes a first grade 
high school within four miles of his residence, he must attend the 
same ; or if he attend another, the said board will not be liable 
for his tuition. Op. Atty. Gen. (1917), p. 918. 

A board of education sending a high school pupil to another 
district for- school purposes, is liable for all the months during 
which such school attended is operated, provided the pupil attends 
such school during each and every month that such high school is 
operated. The board of education which permits high school pupils 
to attend another district for high school purposes cannot pay the 
tuition for eight months and then compel the pupils or parents 
of the pupils to pay for anv excess above eight months. Op. Atty. 
Gen. (1920), p. 959. 

A board of education is entitled to tuition from foreign 
pupils for each and every school month in which there was any 
attendance, and it is for such board of education to see when its 
school months begin, counting four school weeks as a school month, 
starting with the opening date of the school term in September. 

Where a school term ends in a fractional part of a 
month and no service is offered for the remainder of such school 
month, the charge for tuition should be for the fractional part 
of the school month during which service was actually available, 
but where a school is in operation for the whole of a school 
month, then an attendance for any part of such school month will 



SCHOOLS AND ATTENDANCE 391 

create a liability for the whole of such school month. Op. Atty. 
Gen. (1919), p.'l028. 

A board of education maintaining or participating in the 
maintenance of a second grade high school^ is required to pay the 
tuition of its resident pupils in a first grade high school for a 
period of but one year. Op. Atty. Gen. (1919), p. 789. 

See Opinions of Attorney General as follows : 
(1917), p. 23()9, cited under Sec. 7791. 
No. 2G93, (1921), cited under Sec. 7764-1. 
(1920), p. 920, cited under Sec. 7747. 

Section 7749. When the elementary schools of any Transportation 



rural school district in which a high school is manitained, 
are centralized and transportation of pupils is provided, all 
pupils resident of the rural school district who have com- 
pleted the elementary school work shall be entitled to trans- 
portation to the high school of such rural district, and the 
board of education thereof shall be exempt from the pay- 
ment of the tuition of such pupils in any other high school 
for such a portion of four years as the course of study in 
the high school maintained by the board of education in- 
cludes. 

HISTORY.— R. S. § 4029-3; 89 v. 123, § 3; &5 v. 72; 95 v. 218; 100 v. 74; 
104 V. 125 (136). 

Except in a centralized school district (7749 G. C.) the trans- 
portation of an elementary pupil to school by a board of education 
is optional (7731 G. C.) unless such pupil has been assigned to a 
school "without the district" distant more than two miles from 
the residence of the child (7764 G. C). (The above paragraph 
should be read in connection with the paragraph following. — Ed.) 

Where a local board of education decides in its discretion 
that the transportation of an elementary pupil residing more than 
two miles from a school within the district is "unnecessary", such 
judgment of the local board must be confirmed by the county board 
of education, or the probate court, as the case may be; and if 
not so confirmed the transportation of an elementary pupil resident 
more- than two miles from school is mandatory. (7731 G. C.). 

The transportation of elementary pupils residing two miles 
or less from school is optional with a board of education (7731) 
except in a centralized school district (7749 G. C.). 

The transportation of a pupil eligible to high school by 
a board of education is optional (7731 G. C.) unless (a) the 
pupil resides in a district as described in 7749 G. C., or (b) has 
been assigned to a high school "without the district" and distant 
more than four miles from the residence of the pupil, (7764 G. C.). 

Every board of education nncst provide "work in high school 
branches" at some school within four miles of the residence of 
any pupil eligible to high school (7764-1 G. C.) ; but if Jhe local 
board rather than furnish such work in its local district desire^ 

(a) to provide transportation to any recognized high school, or 

(b) pay for transportation under 7731-4 G. C. instead of directly 
providing it, or (c) pay for the pupil's room and board, or part 
of same, in an amount less than it would cost as provided in 
7749-2 G. C, the local board has the privilege or option of thus 
furnishing "high school work". Op. Attv. Gen. No. 2949, Mar. 
28, 1922. 

See Opinions of Attorney General as follows : 
(1914), p. 1004. cited under Sec. 7748. 
(1917), p. 1790, cited under Sec. 7748. 
No. 2693, (1921), cited under Sec. 7764-1. 



to high school. 



392 



SCHOOLS AND ATTENDANCE 



Board may 
provide trans- 
portation to 
high school 
in another 
district. 



When board 
may furnish 
the cost of 
child's room 
and board. 



Section 7749-1. The board of education of any vil- 
lage or wholly centralized rural school district may provide 
transportation to a high school in another district if none is 
maintained in the given district, or to a high school in an- 
other district of higher grade than the one maintained in 
the given district, for such children resident of the district 
as are entitled to have their tuition in high school paid by 
the given board of education. 

HISTORY.— 109 V. 290. 

Under the provisions of House Bill 216, effective August 16, 
1921, the board of education of any village or wholly centralized 
village school district is authorized to provide transportation to a 
high school in another district, if none is maintained in a given 
district, or to a high school in another district of a higher grade 
than the one maintained in a given district, for those pupils who 
are entitled to have their tuition in high schools paid by the board 
of education of the district in which the pupils reside, but such 
board of education is not compelled to provide such transportation. 

A board of education may designate the high school to be 
attended in another school district where it makes a tuition contract 
with another board of education under the provisions of sections 
7734 or 7750 of the General Code, but if no tuition agreement 
is entered into with another board of education, the high school 
to be attended can be selected by the pupil holding the diploma. 
Op. Atty. Gen. No. 2360, Aug. 24, 1921. 

Section 7749-2. A board of education in a district 
which does not maintain a high school and which pays the 
tuition of a child resident of the district in a high school in 
another district, or a board of education which pays the 
tuition of a child resident of the district in a high school in 
another district of higher grade than that maintained in the 
given district may furnish the cost of such child's room and 
board while attending such school or a part of such cost,, 
provided such amount is less than the cost of transportation 
of such child and provided such action is approved by the 
county board of education. 

history.— 109 V. 290. 

See Opinions of Attorney General, No. 2949 (1922), cited under 
Sec. 7749. 



Agreement, 

effect of, 

as to tuition. 



Section 7750. A board of education not having a high 
school may enter into an agreement with one or more boards 
of education maintaining such school for the schooling of 
all its high school pupils. When such agreement is made 
the board making it shall be exempt from the payment of 
tuition at other high schools of pupils living within three 
miles of the school designated in the agreement, if the school 
or schools selected by the board are located in the same 
civil township, as that of the board making it, or some ad- 
joining township. In case no such agreement is entered 
into., the school to be attended can be selected by the pupil 
holding a diploma, if due notice in writing is given to the 
clerk of the board of education of the name of the school 
to be attended and the date the attendance is to begin, such 



sriiooi.s AND Arri':Ni)ANci': 393 

notice to be filed not less than five days previous to the be- 
ginning of attendance. 

HISTORY.— R. S. § 4029 3; 89 v. 123, § 3; 95 v. 72, § 4029-3; 95 v. 218; 
100 V. 74. 

A board of education cannot recover tuition for high school 
pupils from the district of the residence of such pupils, unless 
lifritten notice is given as provided by section 7750. Op. Attv. Gen. 
(1917), p. 1455. 

The board of education of a school district, which does not 
maintain a high school and which has not entered into an agreement 
with any other board or boards of education for the furnishing of 
high school facilities to the pupils residing in said district, and 
entitled to high school facilities, cannot be charged with the payment 
of the tuition of such pupils unless the notice in writing re(iuired 
by the provision of section 7750 G. C., be filed with the clerk of 
said board of education not less than five days previous to the 
beginning of the high school attendance of such pupils, setting 
torth the name of the school to be attended and the date the 
attendance is to begin. Op. Atty. Gen. (1915), p. 1381. 

Sec Opinions of Attorney General as follows : 

(1915), p. 1558, cited under Sec. 7734. 

(1917), p. 918, cited under Sec. 7748. 

(1914), p. 1004, cited under Sec. 7748. 

(1917), p. 1790, cited under Sec. 7748. 

(1917), p. 2286, cited under Sec. 7748. 

No. 2360, (1921), cited under Sec. 7749-1. 

Section 7751. Such tuition shall be paid from either How such 
the tuition or contingent funds and when the board of edu- be'^pddf^^" 
cation deems it necessary it may levy a tax for such pur- 
pose. The proceeds of such levy shall be kept in a separate 
fund and applied only to the payment of such tuition. 

HISTORY.— R. S. § 4029-3; 89 v. 123, §3; 95 v. 72; 95 v. 218; 100 v. 74; 
106 V. Pt. II 1303 (1311). For the time at which the amendment of this 
section in 108 v. Pt. II 1303 takes effect, see 108 v. Pt. II 1303 (1313) § 3. 

A board of education not maintaining a high school must 
pay the tuition of high school pupils resident in such district. 

Such tuition can be paid from the tuition or the contingent 
fund and if either or both are insufficient, a tax levy can be made 
as provided in section 7751 General Code but limited by section 
7649-2 General Code. 

Where a district board neglects to pay its proper obligations 
the county board of education upon investigation shall make such 
payments as necessary, same to be a charge against the district 
board. Op. Atty. Gen. (1919), p. 547. 

See Opinions of Attorney General as follows : 

(1914), p. 1004, cited under Sec. 7748. 

(1917), p. 1790, cited under Sec. 7748. 



Section 7752. No board of education shall be entitled what shall 

tute a 
school. 



to collect tuition under this chapter unless it is maintaining wif '*"*^ ^ 



a regularly organized high school with a course of study 
extending over not less than two years and consisting mainly 
of branches higher than those in which the pupil is ex- 
amined. The standing or grade of all public high schools 
in the state shall be determined by the superintendent of 
public instruction and his finding in reference thereto shall 
be final. 

HISTORY.— R. S. § 4029-4; 95 v. 73; 95 v. 218; 100 v. 92; 104 v. 220 (231). 

Under section 7761 General Code the State Superintendent 
of Public Instruction has full authority to prescribe standard 
requirements as to the methods of instruction in those schools 



394 



SCHOOLS AND ATTENDANCE 



which receive state aid for the instruction of the blind, and can 
direct that boards of education maintaining such schools for 
persons of defective vision shall provide such equipment as is 
necessary, including text-books printed in large type for the use 
of pupils M^ho are partially blind. 

Boards of education maintaining classes for the blind in order 
to receive the state aid mentioned in section 7757 General Code 
must comply v^^ith the requirements promulgated by the Superin- 
tendent of Public Instruction made under the authoritv of section 
7701 General Code. Op. Atty. Gen. (1919), p. 1092. 

Appointment SECTION 7753. The Superintendent of public instruc- 

°ns ^iSors^^^°°^ ^^°^^ ^^^^^ appoint two competent public high school in- 
spectors, who are connected with no college or university, 
two public high school inspectors selected from the faculty 
staff of the college of education of Ohio State University, 
and one public high school inspector from each of the 
faculties of the Ohio normal colleges at Oxford and Athens 
and the Ohio normal schools at Kent and Bowling Green. 
The inspectors appointed by the superintendent of public in- 
struction from the faculty staffs of the college of education, 
normal colleges and normal schools shall be nominated by 
the presidents of their respective institutions. The super- 
intendent of public instruction may also appoint when neces- 
sary, competent instructors from any public or private 
school to inspect such high schools as the superintendent 
may direct. 

(Appropriations not having been made under this 
section for the school years 1921-22 and 1922-23 it has 
become inoperative. Appropriations were made for "two 
high school supervisors." — Ed.) 

HISTORY.— R. S. § 4029-4a; 100 v. 02; 102 v. 47; IW v. 173. 



Duties of 
high school 
inspectors. 



Meeting for 
conference 
and direction; 
classification. 



Section 7753-1. The two public high school inspectors 
connected with no college or university shall give their en- 
tire time to the examination and inspection of public high 
schools in the state. The inspectors chosen from the faculty 
staffs shall devote a part of their time, not more than half, 
to public high school inspection. The superintendent of 
public instruction shall require all part time inspectors to 
inspect schools the first half of the year beginning August i, 
or the last half of the year beginning February i, or such 
other times as may be agreed by the superintendent of 
public instruction and the president of the institution nom- 
inating such inspector. The public high school inspectors 
shall confer with various authorities and assist the super- 
intendent of public instruction in the classification of schools 
and in such other ways as he may direct. 

HISTORY.— 104 V. 173 (174). 

Section 7753-2. All public high school inspectors 
shall meet in Columbus at the call of the superintendent of 
public instruction for the purpose of conference and direc- 
tion. They shall recommend to the superintendent of public 
instruction standards and official ratings for all the public 
high schools of the state, and the decision of the superin- 
tendent of public instruction as to the classification of such 



SCHOOLS AXU ATTENDANCE 395 

schools shall be final, but no public high school shall be 
recommended for rating- except on a majority vote of the 
inspectors at a meeting called by the superintendent of pub- 
lic instruction who shall be ex-officio chairman of their 
meetings. 

HISTORY.-K)4 V. 173 (174). 

Section 7753-3. The high school inspectors giving full Compensation 
time shall be paid an annual salary, the amount of which ^" expenses, 
shall be fixed by the superintendent of public instruction 
with the approval of the governor, and shall each receive 
his actual and necessary traveling expenses not to exceed 
eight hundred dollars per year. The half time inspectors 
shall receive a compensation, the amount of which shall be 
fixed by the superintendent of public instruction, and shall 
also receive their necessary and actual traveling expenses 
not to exceed four hundred dollars each, for each half 
year. Both compensation and expenses shall be paid upon 
vouchers signed by the superintendent of public instruction. 

HISTORY.— 104 V. 173 (174). 

Section 7754. All public high school inspectors ap- Reports of 
pointed by the superintendent of public instruction shall inspection, 
furnish reports of all inspection of public high schools 
made by them. The reports shall be in such form as the 
superintendent of public instruction may prescribe. Eight 
copies of the report of each inspection shall be made. Two 
copies shall be placed on file in the office of the superin- 
tendent of public instruction, one copy furnished to each of 
the institutions from which the half time inspectors are 
chosen, and one copy furnished to the school inspected. 

HISTORY.— R. S. § 4(>29-4b; ICO v. 92; 104 v. 173 (174). 

' Section 7755. The superintendent of public instruc- instruction of 
tion may grant permission to any city, village or rural board fnd^'cHppitd 
of education, upon its application, to establish and maintain 
a class or classes for the instruction of deaf or blind per- 
sons over the age of three, or of crippled persons over the 
age of five. 

The superintendent of public instruction may grant 
permission to any board of education which maintains a 
class for the instruction of blind persons, upon its applica- 
tion," to pay for the board of any blind persons, residents 
of this state, under the age of forty-five, provided that by 
so doing the board of education is enabled to further its 
educational plan for blind persons, and provided that such 
blind persons are not boarded in the homes of their parents 
or legal guardians, and further provided that such blind 
persons are under the training of a person or persons desig- 
nated by such board of education to give such training. At 
no time shall the number of blind persons residents of the 
school district in which such class or classes for the blind 
are maintained who are so boarded at the expense of the 
board of education exceed one-fourth of the total enroll- 



39^ 



SCHOOLS AND ATTENDANCE 



Payment of 
board by- 
board of edu- 
cation, when. 



Payment when 
child resident 
of one district 
attends in an- 
other. 



ment for the year of such class or classes except by per- 
mission of the superintendent of public instruction. 

HISTORY.— R. S. § 4013-1; 98 v. 219, § 1; 103 v. 270 (271); 107 v. 153; 
ir-8 V. Pt. II 1280; 109 v. 257. 

Section 7755-1. The superintendent of public instruc- 
tion may grant permission to any board of education which 
maintains a class for the instruction of crippled persons, 
upon its application, to pay for the board of any crippled 
persons, residents of the state and non-residents of the 
school district, who are being educated in such class, pro- 
vided that such persons in the judgment of the board of 
education and the superintendent of public instruction can- 
not be transported from their respective homes to and from 
such class. 

HISTORY.-109 V. 257. 

Section 7755-2. If a child resident of one school dis- 
trict attends a class for the blind, deaf, crippled or those 
of defective mentality in another, the board of education of 
the district in which he resides may pay his tuition in a sum 
equal to the tuition in the district in which such class is 
located for a child of normal needs of the same school grade. 
The board of education of the district in which such child 
resides may afford or pay for his transportation to the class 
in the other district; and the board of education of the 
district in which the class which he attends is located may 
provide his transportation to the class. Upon direction of 
the superintendent of public instruction the board of educa- 
tion of the district in which such child resides shall pay for 
his transportation and tuition. 

history.— 109 V. 257. 

It is the mandatory duty of the board of education of the 
district in which a crippled child resides to provide for his trans- 
portation to the school to which he has been or should be assigned, 
either within or without the district, if the child is so crippled that 
he is unable to walk to. school. Op. Atty. Gen, No. 3226, June 16, 
1922 



Transportation 
of crippled 
child. 



Section 7755-3. In case a child is so crippled that he 
is unable to walk to the school to which he is assigned the 
board of education of the district in which he resides shall 
provide for his transportation to such school. This section 
shall apply whether there is a special class for crippled 
children to which he is assigned or not. In case of dispute 
whether the child is able to walk to the school or not, the 
district health commissioner shall be judge of such ability. 

history.- 109 V. 2.58. 



Children in- Section 7755-4- lu casc there are in any school dis- 

structed in the |.j.j^|- crippled children not able even with the help of trans- 

nome, now ^^^ ,,^. ,^ ,.^. -. 

counted. portation to be assembled in a school and instruction for 

these children is provided in the home, these children shall 
be counted under the provisions of section 7757, General 
Code, counting however three hours of instruction of such 
children by a teacher provided by the board of education 



SCHOOLS AND ATTENDANCE 



397 



as equal to the attendance of one child for two days at 
school. 

HISTORY.— 109 V. 258. 

Section 7755-5. If a child is handicapped by two of who may be 
the defects mentioned in section 7755, General Code, the fSii"\^me^^ 
superintendent of public instruction may allow him to be pupils, 
counted as a full-time pupil among those with each kind of 
defect in determining the state's contribution to the classes 
for such children, provided the types of work and attention 
necessary for both types of children are afforded him. 

HISTORY.— 109 V. 258. 



Section 7756. Upon petition of the parents or guard- 
ians of crippled children in any school district of the re- 
spective ages named in section 7755, General Code, the 
board of education of the given district shall apply to the 
superintendent of public instruction for permission to 
establish a special class for such children, and if such is 
granted shall establish such class not later than the begin- 
ning of the following school year upon the standards pre- 
scribed under section 7761, General Code; if a board of 
education fails to perform its duty under this section, the 
provisions of section 7610, General Code, shall apply as to 
the acts relating to such special class. 



How special 
class may be 
established. 



HISTORY.— R. S. § 4013-2; 98 v. 219, 
(232) ; 107 v. 153; 109 v. 258. 



103 V. 270 (271); 107 v. 225 



Section 7757. At the close of each school year the How expenses 
board of education of each school district in which any Jefr^^e^J*^^ 
such classes for the education of the deaf, blind or crippled 
are maintained shall certify to the auditor of state the names 
and residences of the persons instructed in such special 
classes and the period of time each was instructed and the 
nanies and residences of the persons boarded at the ex- 
pense of the board of education and the period of time 
each was boarded; and the amount expended for special 
appliances and for the excess of current operating cost of 
the education of such pupils above the current operating 
cost of the education of an equal number of pupils of nor- 
mal needs of the same school grades in the district for the 
same period of time; and thereupon the auditor of state 
shall draw his warrant upon the treasurer of state in favor 
of such board of education in an amount equal to that 
expended for the aforesaid purposes, but not to exceed 
three hundred dollars for each deaf or crippled pupil given 
instruction in such classes within said district for nine 
months during the said school year, and a proportionate 
amount for each deaf or crippled pupil given instruction 
therein for a part of said school year more or less than 
nine months, and not to exceed three hundred and seventy- 
live dollars for each blind person given instruction in such 
classes within said district for nine months during said 
school year, and a proportionate amount for each blind 
person given instruction therein for a part of said school 



398 



SCHOOLS AND ATTENDANCE 



Payment of 
expenses. 



Appointment 
and qualifica- 
tion of 
teachers. 



year more or less than nine months, and two hundred and 
iifty dollars additional for each blind or crippled person 
boarded at the expense of such board of education for nine 
months during said school year and a proportionate amount 
for each blind or crippled person so boarded for a part of 
said school year more or less than nine months. 

Current operating cost under the terms of this section 
shall be exclusive of any charges for rental and mainte- 
nance or operation of buildings. No charge shall be made 
against such schools for the deaf, crippled or blind for 
expenditures other than transportation which would have 
been incurred had such special classes not been in operation. 
The superintendent of public instruction shall be the final 
authority in deciding all questions relative to what consti- 
tutes special appliances and current operating cost under 
the terms of this section. 



HISTORY.— R. S. § 4013-3; 98 v. 219, § 3; 103 v. 270 (2n) ; 107 
lOS V. Pt. II 1280: 109 v. 258. 



153; 



Section 7758. The sums provided in the next pre- 
ceding section shall be paid by such state treasurer upon 
the presentation of such warrant or order upon satisfactory 
proof made to him by the president or clerk of the board 
of education maintaining such school, of the number of 
persons boarded or instructed therein, their residence, and 
the period of time such persons w^ere so boarded or in- 
structed in such school or schools the preceding school year, 
and of the amount expended for special appliances and 
for the excess of current operating cost of the education 
of such pupils above the current operating cost of the edu- 
cation of an equal number of pupils of normal needs of 
the same school grades in the same school district for the 
same period of time during said school year, and upon 
certification by the state superintendent of public instruc- 
tion that the inspection provided for in section 7761 had 
shown these schools to be operating under satisfactory con- 
ditions. 



HISTORY.-R. S. § 4013-4; 
108 V. Pt. II 1280 (1281). 



V. 218, § 4; 1C3 v. 270 (271); 107 v. 154: 



Section 7759. Teachers in such schools shall be ap- 
pointed as are other public school teachers. They shall possess 
the usual qualifications required of teachers in the public 
schools, and in addition thereto such special training and 
equipment as the state superintendent of public instruction 
or the board of education may require. The so-called oral 
system shall be taught by such teachers in such schools for 
the deaf. If, after a fair trial of nine months, any of such 
children in any school for the deaf for any reason are un- 
able to learn such method, then they may be taught the 
manual method in a separate school, providing however 
that there are not fewer pupils than provided in section 
7755 of the General Code. 

MISTORY.-R. S. § 4013-5; 98 v. 219, § 5; ]03 v. 270 (2n) 107 v. 1.54. 



SCHOOLS AND ATTENI>ANCE 399 

Section 7760. Any person of sound mind who, by vyho con- 
reason of defective hearing, or vision or by reason of being- biSor'^^''^' 
so crippled as to be physically unable to properly care for crippled, 
himself without assistance, cannot properly be educated 
in the public schools as other children shall be considered 
deaf, blind or crippled within the meaning of sections 7755 
and 7757, General Code. 

HISTORY.— R. S. § 4013-6; 98 v. 220, § 6; 103 v. 270 (272); 107 v. 
154; 109 V. 259. 

Section 7761. The superintendent of public instruc- Annual state- 
tion shall at the close of each school year require from each Jin^djtures^'to 
board of education of a school district, conducting such superintendent. 
schools for deaf, blind and crippled persons a financial 
statement showing expenditures during the preceding school 
year for special appliances and for the excess of current 
operating cost of such pupils above the current operating 
cost of the education of an equal number of pupils of nor- 
mal needs of the same school grades in the same school 
district for the same period of time during said school year. 

The superintendent of public instruction shall select inspection of 
some competent person or persons to inspect all classes o^n yeir.^^* 
established under section 7755, General Code, at least once 
a year, and to report concerning the instruction in such 
classes, the conditions under which they are maintained 
and the conditions under which such blind and crippled 
persons are boarded. 

The superintendent of public instruction shall pre- pre^scribSfb^ 
scribe standard requirements for day schools for the deaf, superintendent. 
blind, and crippled, which receive state aid, which require- 
ments shall include the conditions under which such schools ? 
are conducted, the methods of instruction and supervision, 
the qualifications of teachers and the conditions and terms 
under which they are employed, the special equipment and 
agencies for instruction provided, and the conditions of the 
rooms and buildings in which the schools are held, and he 
shall prescribe conditions under which blind and crippled 
persons may be boarded at the expense of a board of edu- 
cation. 

HISTORY.— R. S. § 4013-7; 98 v. 220, § 7; 103 v. 270 (272); 104 v. 225 
(232); 107 v. 154; 108 v. Pt. II 1280 (1281); 109 v. 259. 

Section 7761-1. The superintendent of public in- co-operation 
struction shall have authority to arrange a plan of co- JSh^taining^*^^ 
operation among boards of education which maintain spe- special classes. 
cial classes for the blind, for investigation into broader op- 
portunities for the future employment of the pupils and 
better methods for their instruction. The cost of such in- 
vestigation shall be charged to the current operating cost 
of the school for the blind. The superintendent of public 
instruction shall prescribe minimum standard requirements 
concerning the extent of such co-operation and the general 
methods of such investigation. 

HISTORY.— 109 V. 260. 



400 



SCHOOLS AND ATTENDANCE 



Americaniza- 
tion school; 
when board 
of education 
majr establish; 
tuition. 



Visitation and 
inspection of 
school; formu- 
lation of 
Americaniza- 
tion programs. 



Section 7761-2. On the application of not less than 
fifteen adult persons born outside of the territorial limits 
of the United States of America, including Alaska and the 
Hawaiian Islands, resident in the district, the board of edu- 
cation of such school district may establish and conduct 
an Americanization school open to all persons twenty-one 
years of age and over, of such foreign birth, resident of the 
district or of an adjoining district. The board of educa- 
tion of such school district may or may not charge such 
pupils a fee as in its discretion it may determine. The cur- 
riculum for such school shall be such as may be prescribed 
by the supervisor of Americanization. Such school may be 
conducted in any school building owned or controlled by 
such board of education, or in any room or quarters rented 
for such purpose by the board of education, or the use of 
which is secured rent free by such board of education. 
Such room or quarters may be located outside the boun- 
daries of the district. The board of education of any other 
school district which does not maintain an Americanization 
school the residents of which are entitled to attend the 
Americanization school provided for in this section shall 
pay tuition for such persons, subject to all the provisions of 
sections seven thousand seven hundred and thirty-five and 
seven thousand seven hundred and thirty-six of the General 
Code, excepting that the amount of such tuition shall be 
ascertained and computed in accordance with the expense 
of conducting such Americanization school only. 

HISTORY.— 109 V. 102, P. & A. Code, § 7761-2. which was 102 v. 38, 
§ 2: 104 V. 168, was repealed in 106 v. Ill (112), § 2. 

Section 7761-3. The department of public instruction 
shall cause to be visited and inspected all schools engaged 
in adult immigrant education and assist local boards of 
education in localities where there is need for the organ- 
ization of classes for such adult immigrant education, to 
the end that they may be established and supported. It 
shall formulate and promote programs for Americanization 
and patriotic education, co-operate with the agencies of the 
federal government in the promotion thereof, aid in the 
correlation of aims and work carried on by public agencies 
and private individuals and organizations, and study plans 
and methods which may be proposed or are in use in such 
work. Such department shall employ such methods, sub- 
ject to existing laws, as will tend to bring into sympathetic 
and mutually helpful relations the state and its residents of 
foreign origin, to protect immigrants from exploitation and 
abuse, to stimulate their acquisition and mastery of the 
English language, to develop their understanding of Amer- 
ican government, institutions and ideals, and in general, to 
promote their assimilation and naturalization. Such depart- 
ment may for such purposes cooperate with other offices, 
boards, bureaus, commissions and departments of the state, 
and with all public agencies, federal, state, municipal and 
school. 

HISTORY.— 109 V. 101, P. &. A. Code, § 7761-3, which was 102 v. 38, 
§ 3; 104 V. 168 was repealed in 106 v. 11] (112), §2. 



SiHOOl-S AND A'irKNDANC !•: 4O I 

Section 7761-4. A supervisor of Americanization supervisor; 
work in the department of public instruction shall be ap- ofrp"ower"s' 
pointed by the governor, who shall discharge the duties duties, 
and exercise the powers imposed upon and vested in such 
department by this act. The supervisor shall select an ad- 
visory committee to counsel with him in carrying out the 
provisions of this act. The members of such advisory 
committee shall receive no compensation, but shall be paid 
their actual and necessary traveling expenses incurred in 
connection with their service as such members. The super- 
visoj shall have power to determine the number of assist- 
ants and other employes necessary to carry on the work 
provided for in this act, all of whom shall be in the un- 
classified service of the civil service of the state. The 
compensation of the supervisor of Americanization work 
shall be fixed biennially by the General Assembly and his 
term of ofiice shall be for two years, commencing on the 
second Monday of July. 

HISTORY.— 109 V. 102, P. & A. Code § 7761-1, which was 102 v. 38, 
§3; IW V. 168 was repealed in 106 v. Ill (112), §2. 



•Jo S. 1. 



CHAPTER 20 
COMPULSORY EDUCATION 



Section 



762-1. 


762-2. 


762-3. 


762-4. 


762-5. 


762^. 


763. 


763-1. 



76.5-2. 

763-3. 
763-4. 

76.3-5. 

764. 
76J-1 . 
764-2. 

765. 

765-1. 

765-2. 

766. 



r66-2. 
r66-3. 



766-4. 
766-5. 



76(^-8. 



Branches in which children are re- 
quired to be instructed. 

Branches in elementary schools shall 
be taught in English onl}'. 

Pupils in private, parochial, etc., 
schools to be taught in English 
only. 

Penalty for violation of act. 

Construction of act with respect to 
constitutionality. 

Children employed on Age and 
Schooling Certificates to attend 
part time school. 

Children of compulsory school age 
to attend public, private or 
parochial school. 

Children of compulsory school age 
to attend school for not less than 
thirty-two weeks per year. 

Children attending school other than 
public schools required to receive 
equivalent of public school instruc- 
tion. 

Registration of child at or about be- 
ginning of school year shall be 
registration for school year. 

Definition of term superintendent of 
schools as used in act. 

Appeal from decision of superin- 
tendent of schools refvising to ex- 
cuse from attendance or refusing to 
grant Age and Schooling Certifi- 
cate. 

Provision with respect to blind, deaf, 
crippled or mentally defective chil- 
dren. 

Assignment by principal or superin- 
tendent of child to classes. 

High School work to be provided for 
child finishing grade school work. 

Child graduating from first class high 
school not reqtiired to attend school 
further. 

Minors of compulsory school age not 
to be employed without Age and 
Schooling Certificate. 

Parent or Guardian to secure and 
keep proper Age and Schooling 
Certificate of child if employed. 

Child may be employed in irregular 
service without Age and Schooling 
Certificate; irregular service de- 
fined. 

When Age and Schooling Certificate 
may be issued. 

Documentarv information required to 
be furnished superintendent before 
issuance of Age and Schooling 
Certificate. 

Requirements for reissue of Age and 
Schooling Certificate. 

"Limited" Age and Schooling 
Certificate issued,, when. 

Appointment of juvenile examiner. 

Record of facts contained in Age 
and Schooling Certificate to be 
kept on file in school ofiice. 

Issue of vacation certificates. 

School record of child to be fur- 
nished by superintendent, principal, 
etc., within two days after request 
for same. 

Conditional Age and Schooling Certifi- 
cate to be issued to child, when: 
facts to be furnished to superin- 
tendent. 



SECTION 
7766-9. 



7769-1. 
7769-2. 
7770. 
7770-1 . 

7770-2. 

7770-3. 

7770-4. 

7771. 
6250. 



r3-2. 

r4. 



777 



7781. 

10916. 
10928. 

10933. 
10935. 
10945. 
10962. 

10%3. 

10964. 
10965. 



Issue of special Age and Schooling 

Certificate permitting employment 

during hours when school is not in 

session. 
Part time school work required of 

child to whom Age and Schooling 

Certificate issued. 
Part time school work permitted in 

school other than public school, 

when. 
Superintendent of schools to be 

judge of availability of school in 

applying preceding sections. 
Appointment of Attendance officer. 
Employment of Attendance officer by 

county board of education. 
Dxities of Attendance officer or as- 
sistant. 
Powers conferred on Attendance 

officer and assistants. 
Issue of over-age certificate on ap- 
plication of minor over eighteen 

years old. 
Age and Pre-employment card issued 

to boy over sixteen years of age, 

when. 
Further provisions with respect to 

child employed at time act went 

into effect. 
Children between seventeen and 

eighteen not required to attend 

part time schools before September 

1, 1922. 
Duty of Attendance officer to enforce 

law against parents and others 

violating same. 
Inspector or visitor of Industrial 

Commission invested with authority 

of Attendance officer. 
Principal of public, private or 

parochial school to make reports to 

clerk of board of education of 

pupils under eighteen. 
Reason to be ascertained of with- 
drawal from school of child • of 

compulsory school age. 
Investigation of cases of supposed 

truanc}-. 
Complaint to be filed agaiiist parent, 

gtiardian, etc.. when. 
How notice to be sent. 
Procedure when parent or guardian 

is unable to send child to school. 
Provisions where child is residing 

apart from parents. 
Provision where child is required to 

work in order to support self or 

others. 
All children residents of state 

amenable to laws relating to com- 

pulsorj' education. 
Hearing by Juvenile Court as to 

whether child shall be sent to 

State Institution. 
Child to be received by State Institu- 
tion for instruction, when. 
Guardian. 
Powers of guardian of person and 

estate. 
Duties of guardians. 
Of the person. 

The sale of the estate of minors. 
Power of guardian to lease estate 

of ward. 
Application for power to make long 

lease for improvement. 
Who may unite in application. 
Hearing and orders thereon. 



(402) 



COMPULSORY EDUCATION 4O3 

Section y'j(i2. All parents, guardians or other persons Branches in 



which children 
shall be in- 



who have the care of children who are of compulsory 
school age as indicated in section 7763, General Code, and structe'd 
who are not employed on age and schooling certificates 
shall instruct them, or cause them to be instructed, in 
reading, spelling, writing, the English language, English 
grammar and composition, geography, arithmetic, United 
States history, American government and citizenship, and 
hygiene, or in such of those branches or in such other 
branches as are suited to the age, employement and ad- 
vancement of the particular children and are included in 
the subjects taught in the schools of the state. 

HISTORY.— R. S. §4022-1; m v. 333; §1; 87 v. 143; 87 v. 316; 89 v| 
389; 90 v. 285; 95 v. 615; 108 v. Pt. I 542; 109 v. 377. 

The following brief synopsis of the Bing Act (H. B. Ill) 
passed April 20, 1921, is given in Opinion of Attorney General No_, 
2949. March 28. 1922: — 

The ages for compulsory school attendance are 6 to 18 years, 
but a local board of education may b}' resolution change this to 
7 to 18 years. A child who is 6 years of age (or 7 in case the 
board sets the age at 7), after the beginning of a semester, may 
not be required to attend until the beginning of the following 
semester. See Section 7763 (end) and Section 7681. A child may 
be released from school on an age and schooling certificate after 
reaching the age of 16 unless he has failed to complete the seventh 
grade by that age. It is only during employment, however, that the 
child is excused from school (Sec. 7766), but a graduate of a first 
grade high school need not attend school further (Sec. 7764-2). 
Children whose bodily condition does not enable them to attend 
school may be excused by the superintendent, but the disability must 
be fully proved and when able the child must enter or return to 
school. A child can be excused on the ground of physical or mental 
disability only by the superintendent of the public schools (or person 
designated by him). (See Sec. 7763.) However, all children who 
are blind, deaf or crippled, or who are of defective mentality, should 
be sent to schools suited to them. (See Sec. 7763-5.) Children 
may be assigned by the juvenile court to suitable institutions. (See 
Sec, 7780 and Sec. 7781.) In case a child is supposed to be of 
serioush' defective mentality, the services of the State Bureau of 
Juvenile Research should be asked that advice as to his education and 
care may be secured. Children need not be admitted«at five, though 
the school census includes children from 5 to 18 years of age. 
(Sec. 7794.) This ciDntemplates kindergartens for those five years 
of age. However, the schools are required by law to be free only 
to those from 6 to 21 years of age (Sec. 7681). Children must 
attend the entire year, for the law provides that a child must enter 
within the first week of the school term or within one week from 
the date of his moving to the district. The attendance must be 
for the full time the school attended is in session. (Sec. 7763, first 
paragraph.) A child actually resident in the state must attend 
school whether his parents are residents or not. (Sec. 7775 and Sec. 
7778.) The board of education may aid an indigent child (Sec. 
7777), the intent being that no child should be deprived of education 
because of poverty. 

The obligation that a child shall attend school rests primarily 
on the parents of the child and prosecution for failure of a child 
to attend school is primarily instituted against the parents (Sections 
7762, 7763 — first paragraph — and 7773). but if a child, contrary 
to the directions of his parents, fails to attend school, he may be 
prosecuted as a delinquent child (Sec. 7762-6 and 7774). The child 
shall attend the school and grade to which he is assigned by the 
superintendent of schools, or if he attends a parochial school, 
the grade to which he is assigned by the principal thereof. In 
any case the grade or class must be suited to his age and state 



404 



COMPULSORY EDUCATION 



Branches in 
elementary 
schools shall 
be taught in 
English only. 



of advancement. (Sec. 7762 and Sec. 7764.) The completion of the 
grades do€s not excuse a child from further school attendance for 
he may be assigned by the superintendent to further study in the 
elementary school or to a high school. 

If there is no high school in a given rural district, the child 
may be assigned to a high school within four miles in another 
district, and the board of education must pay his tuition. The same 
is true if the high school is in another district and more than 
four miles distant from his residence, except that the child may not 
be required to attend the high school in that case unless his trans- 
portation or board in lieu thereof is provided. See Sec. 7764, Sec. , 
7749-1 and Sec. 7749-2. If high school training is not thus provided 
any child, the board in his district must provide work in high 
school branches in connection with some elementary school, or other- 
wise, within four miles of the child's residence (Sec. 7764-1). 

See Opinions of Attorney General as follows : 

No. 2495, (1921), cited under Sec. 7681. 

(1919), p. 1043, cited under Sec. 7762-1. 

Section 7762-1. That all subjects and branches taught 
in the elementary schools of the state of Ohio below the 
eighth grade shall be taught in the English language only. 
The board of education, trustees, directors and such other 
officers as may be in control, shall cause to be taught in 
the elementary -schools all the branches named in section 
7648 of the General Code. Provided, that the German lan- 
guage shall not be taught below the eighth grade in any of 
the elementary schools of this state. 

HISTORY.— 108 V. Pt. I 614. 

No principle is better established by the decisions of the 
federal and state courts than that the possession and enjoyment 
of all rights are subject to such reasonable regulations as are 
deemed by the legislative authority to be essential to the welfare 
of the state, and every intendment is to be made in favor of the 
validity and lawfulness of such regulations unless they are clearly 
unreasonable and violative of some express provision of the^ 
constitution. 

For these reasons we are unable to reach the conclusion that 
Sections 7762-1 and 7762-2 are unconstitutional, and the judgment 
of the court of appeals will, therefore, be affirmed. Pohl v. State, 
102 O. S. 474. tJune 7, 1921.) 

This section and Sections 7762-2 and 7762-3, General Code, 
were held to be constitutional in the case of Pohl vs. State, 102 
O. S., p. 

Citizens can conduct strictly religious German catechism schools 
for the study of the Bible and church history and such instruction 
is not a violation of amended senate bill No. 137.0p. Atty. Gen. 
(1919), p. 1043. (Sections 7762-1, 7762-2, 7762-3 and 7762-4 of the 
General Code.) 

Sections 7762-1 and 7762-2. G. C, which became effective in 
September, 1919, contain no provisions which prohibit catechetical 
instruction in the German language in the Sunday Schools conducted 
by religious denominations. 

A summer school which is held when another term of school 
is not in session is governed by the same law which governs the 
regular term or session of the school. 

The German language shall not be ^ taught below the eighth 
grade in any of the elementary schools, private or parochial schools, 
or schools maintained in connection with benevolent or correctional 
institutions in this state. Op. Atty. Gen. (1919), p. 676. 



COMPUi.SOKV I'DUCATION 



4^\S 



private and 
parochial 
schools, etc., 
shall be taught 
in English 
only. 



Section 7762-2. All private and parochial schools and pupii 
all schools maintained in connection with benevolent and 
correctional institutions within this state which instruct 
pupils who have not completed a course of study equivalent 
to that prescribed for the first seven grades of the elemen- 
tary schools of this state, shall be taught in the English 
language only, and the person or persons, trustees or offi- 
cers in control shall cause to be taught in them such 
branches of learning as prescribed in section 7648 of the 
General Code or such as the advancement of pupils may 
require, and the persons or officers in control direct; pro- 
vided that the German language shall not be taught below 
the eight grade in any such schools within this state. 

HISTORY.-IO8 V. Pt. I 614. 

See Opinions of Attorney General (1919), p. 1043, cited under 
Sec. 7762-1. 

Section 7762-3. Any person or persons violating the Penalty for 
provisions of this act shall be guilty of a misdemeanor and oMaw°"^ 
shall be fined in any sum not less than twenty-five dollars 
nor more than one hundred dollars, and each separate day 
in which such act shall be violated shall constitute a sep- 
arate offense. 

HISTORY.— 108 V. Pt. I 614 (615). 

See Opinions of Attorney General (1919), p. 1043, cited under 
Sec. 7762-1. 



Section 7762-4. In case any section or sections of Section held 

this act [G. C. §§7762-1 to 7762-4], shall be held to be SonarsSi 

unconstitutional by the supreme court of Ohio such decision "ot effect 
shall not affect the validity of the remaining sections. 



Sec. 



HISTORY.— 108 V. Pt. I 614 (615). 

See Opinions of Attorney General (1919), p. 1043, cited under 

7762-1. 



Section 7762-5. All parents, guardians and other 
persons who have the care of children who are employed 
on age and schooling certificates shall cause them to attend 
a part-time day school or class for the full time that the 
school or class is in session whenever such part-time school 
or class shall have been established and is accessible to the 
child in the district where the child resides or is employed, 
unless the superintendent of schools determines that a 
given child has already completed the same work as or 
work equivalent to that taken up in such part-time schools 
or classes as may be available for the child to attend or that 
the bodily or mental condition of the child does not permit 
of his attendance at such school or class. 

Such attendance shall begin within the first week of 
the school term or within one week after an age and school- 
ing certificate is issued to a child. 

If a child resides in one school district and is em- 
ployed in another he shall be under the jurisdiction of the 
district in which he is employed for the purpose of this 
section and section 7767, General Code, unless by written 



Children em- 
ployed on age 
and schooling 
certificate shall 
attend a part- 
time day- 
school or 
class. 



Jurisdiction 
when child em- 
ployed in one 
district resides 
in another. 



4o6 



Who shall 
attend school. 



School at- 
tendance ; 
when child 
may be ex- 
cused; home 
teaching re- 
quirements; 
compulsory- 
school age 
defined. 



COMPULSORY EDUCATION 

excuse the superintendent of schools releases him to the 
jurisdiction of the district in which he resides. 



HISTORY.— 109 



Section yy62-6. Every child of compulsory school 
age who is not employed on an age and schooling certificate 
shall attend a public, private or parochial school under the 
conditions prescribed in sections 7763, 7763-1, 7764 and 
7764-1, General Code. 

HISTORY.— 109 V. 37S. 

Section 7763. Every parent, guardian or other person 
having charge of any child of compulsory school age who 
is not employed on an age and schooling certificate must 
send such child to a public, private or parochial school for 
the full time the school attended is in session, which shall 
in no case be for less than thirty-two weeks per school year. 
Such attendance must begin within the first week of the 
school term or within one week of the date at which the 
child begins to reside in the district or within one week 
after his withdrawal from employment. 

But the child may be excused from attendance at school 
for the current school year upon satisfactory showing that 
the bodily or mental condition of the child does not permit 
of -its attendance at school or that the child is being in- 
structed at home by a person qualified to teach the branches 
specifically enumerated in section 7^62, General Code, and 
if the stage of advancement of the child demands it, qual- 
ified to teach such additional branches as his needs may 
require. The qualifications of the person purposing to 
teach such child at home shall be determined by the super- 
intendent of schools. Excuses from school attendance 
under this section or section 7762-5, General Code, shall be 
given only by the superintendent of schools having juris- 
diction in the district in which the child is living. Such 
excuse shall be in writing; a copy shall be given to the 
person in charge of the child ; such excuse shall show the 
reason for excusing the child, and there shall be filed in the 
of^ce of the superintendent issuing same, with a copy of 
the excuse, -papers showing how the inability of the child 
to attend school or the qualifications of the person instruct- 
ing the child at home were determined. Should it be found 
later within the school year that the disability of the child 
has been removed or that the child is not being properly 
instructed, as the case may be, it becomes the duty of the 
person who issues the excuse or of his successor to recall 
the same ; or notwithstanding his neglect to do so the child 
and the persons in charge of the child may be proceeded 
against after due notice the same as if the excuse were no 
longer current. 

Compulsory school age shall mean six to eighteen 
years of age, except that the board of education of any 
city, village or rural school district may at its discretion 
])rovide that in the given school district compulsory school 



than in public 
echool. 



COMPULSORY EDUCATION 407 

age shall mean seven to eighteen years of age, such action 
being subject to modification to the standard of six to 
eighteen years of age by subsequent action of the board, 
and except that the attendance of a child who becomes six 
or seven years of age, as the case may be according to the 
standard of compulsory school age in effect in the given 
district, during a given semester shall not be required until 
the beginning of the following semester. 

HISTORY.— R. S. §4022-1; 86 v. 333; § 1; 87 v. 143; 87 v. 316; 89 v. 389; 
90 V. 285; 95 v. 615; 101 v. 310; 103 v. 864 (898); 104 v. 225 (232); 109 v. 378. 

See Opinions of Attorney General as follows : 
(1915), p. 627, cited under Sec. 7739. 
No. 2949, (1922), cited under Sec. 7749. 

Section 7763-1. If any child shall so attend upon Requirements 
instruction elsewhere than in a public school such instruc- y^^^^ ^^^d 

, ,, - . , , •". . . 1-11 instructed 

tion shall be equivalent to the instruction given children elsewhere 
of like age and advancement in the public schools of the 
district in which such child resides ; and the hours and term 
of attendance exacted shall be equivalent to the hours and 
term of attendance required of children in the public schools 
of the district. But nothing in this section shall be con- 
strued to require a child to attend a high school instead of 
a vocational, commercial or other special type of school, 
provided the instruction therein is for a term and for hours 
equivalent to those of the high school, and provided his 
attendance at such school will not interfere with a contin- 
uous program of education for the child to the age of six- 
teen. 

HISTORY.-109 V. 379. 

Section 7763-2. ■ The registration of a child in or about 
the month of September when regular school sessions begin 
OF at the time thereafter that he begins to reside in the dis- 
trict shall be a registration for the period until the next SfTcdvitTe's?'^^ 
annual registration, if the child continues to reside in the 
district. Boards of education may provide or approve, 
subject to the approval of parents, activities for children 
during the summer vacation period which will promote 
their health, their civic and vocational intelligence, their 
industry, recreation, character or thrift or several of these. 
The superintendents of schools shall cause records to be 
kept of such activities assigned and completed. With the 
approval of the superintendent of public instruction the 
successful completion of such vacation activities may be 
required for promotions and diplomas of graduation; but 
the completion by any child of such vacation activities shall 
not be prerequisite to the issuance of an age and schooling 
certificate for such child. Boards of education shall pro- 
vide the service necessary to direct such activities and may 
pay any necessary expenses incident thereto, the same as 
the expense of an ordinary elementary school. 

HISTORY.-109 V. 379. 



Provisions for 
health activi- 
ties during 
vacation 



40^ 



COM rUl.SuRV ]•: DICATJOX 



The term 
"superin- 
tendeut of 
schools" de- 
fined. 



Section '/^(yy^i. The term superintendent of schools 
as used in this chapter shall be interpreted to mean, in the 
respective classes of school districts, the city, exempted vil- 
lage or county superintendent of schools, or person desig- 
nated by such superintendent; provided that if at any time 
there is no such superintendent in a given district the pres- 
ident of the board of education shall perform these duties. 

HISTORY.— 109 V. 379. 



Appeal when 
excuse or 
certificate re- 
fused. 



Section 7763-4. In case such superintendent of 
schools refuses to excuse a child from attendance at school 
for one of the reasons stated in section 7763, General Code, 
or refuses upon request to grant an age and schooling cer- 
tificate as provided in section 7766, General Code, an appeal 
may be taken from such decision to the judge of the juvenile 
court of the county, upon the giving of bond, within ten 
days thereafter, to the approval of such judge, to pay the 
costs of appeal. His decision in the matter shall be final. 

HISTORY.— 109 V. 3S0. 



Valid excuse 
from attend- 
ance required; 
how de- 
termined. 



Section 7763-5. In the case of a blind, partially blind, 
deaf or crippled child or a child of defective mentality an 
excuse granted under section 7763 or 7763-4, General Code, 
on the ground of bodily or mental condition shall not be a 
valid excuse from attendance by the child upon a day school 
for the blind, deaf, crippled or those of defective mentality 
or from attendance at a state institution for the care and 
instruction of the blind, deaf, crippled or those of defective 
mentality unless in the case of a day school there are factors 
in the child's condition or the means of reaching the school 
which make attendance at such a special class impracticable. 
If there is a day school for children handicapped in one of 
the above respects in the school district, or in another dis- 
trict and transportation to such class by school conveyance 
or common carrijer is provided by a board of education or 
other agency, the superintendent of schools shall be the 
judge of the practicability of the child's attendance at such 
school adapted to the needs of children handicapped in the 
particular respect. 

history.— 109 V. 260. 

See Opinions of Attorney General (1922), p. 2949, cited under 
Sec. 7749. 



Assignment 
of pupil to 
classes; when 
transportation 
furnished. 



Section 7764. The child in his attendance at school 
shall be subject to assignment by the principal of the private 
school or superintendent of schools as the case may be, to 
the class in elementary school, high school or other school, 
suited to his age and state of advancement and vocational 
interest, within the school district; or, if the schooling is 
not available within the district, without the school district, 
provided the child's tuition is paid and provided further 
that transportation is furnished in case he lives more than 
two miles from the school, if elementary, or four miles 
from the school, if a high school or other school. The 



COMPULSORY EDUCATION 4O9 

board of education of the district in which the child lives 
shall have power to furnish such transportation. 

HISTORY.— R. S. §4022-1; 86 v. 333; §1; 87 v. 143; 87 v. 316; 89 v. 
389; 90 v. 285; 95 v. 615; 103 v. 864 (899); 109 v. 380. 

Except in a centralized school district (7749 G. C.) the trans- 
portation of an elementary pupil to school by a board of education 
is optional (7731 G. C.) unless such pupil has been assigned to 
a school "without the district" distant more than two miles from 
the residence of the child (7764 G. C.)- 

Where a local board of education decides in its discretion that 
the transportation of an elementary pupil residing more than two 
miles from a school within the district is "unnecessary", such 
judgment of the local board must be confirmed by the county 
board of education, or the probate court, as the case may be ; 
and if not so confirmed the transportation of an elementary pupil 
resident more than two miles from school is mandatory (7731 
G. C.). 

The transportation of elementary pupils residing two miles 
or less from school is optional with a board of education (7731) 
except in a centralized school district (7749 G. C.). 

The transportation of a pupil eligible to high school by a 
board of education is optional (7731 G, C.) unless (a) the 
pupil resides in a district as described in 7749 G. C., or (b) has 
been assigned to a high school "without the district" and distant 
more than four miles from the residence of the pupil (7764 G. C.)- 

Every board of education must provide "work in high school 
branches" at some school within four miles of the residence of 
any pupil eligible to high school (7764-1 G. C.) ; but if the local 
board rather than furnish such work in its local district desired 

(a) to provide transportation to any recognized high school, or 

(b) pay for transportation under 7731-4 G. C. instead of directly 
providing it, or (c) pay for the pupil's room and board, or part 
of same, in an amount less than it would cost as provided in 
7749-2 G. C.. the local board has the privilege or option of thus 
furnishing "high school work". Op. Atty. Gen. No. 2949, Mar. 
28, 1922. 

Where a pupil attending a joint high school resides more than 
four miles from such joint high school, the transportation of the 
.pupils to the joint high school should be provided by the board of 
education of the district in which the child lives (7764), 

A school district furnishing transportation to any of its pupils 
to a joint high shool which the district helps to maintain, should 
report the personal service item of transportation expense incurred, 
as provided in 7787 and 7600 G. C., and where such personal service 
item of transportation expense has been reported to the county 
auditor by the district which has made the transportation expense, 
such expenditure in a joint high school district should not be 
reported to the county auditor a second time, under the provisions 
of section 7671-1 G. C. 

Under existing law there is no authority for boards of edu- 
cation in charge of districts constituting a joint high school district 
to provide for the joint expense of transportation costs to such 
high school, nor is there authority for the high school committee 
in charge of the management of such high school to provide trans- 
portation of high school pupils to such high school. Op. Atty. Gen. 
No. 3114, May 18. 1922. 

Section 7764-1. Boards of education shall provide ^york in 

work in high school branches, as mentioned in section 7648, ^i|h hes^^h 11 

General Code, at some school within four miles of the be provided 

residence of each such child for those children of com- mU^s! ^°^^ 
pulsory school age who have finished the ordinary grade 
scliool ciirriculnm except those who live within four miles 



4IO 



COMPULSORY EDUCATION 



of a high school and those for whom transportation to a 
high school has been provided. 



HISTORY.— 109 



3S0. 



In lieu of providing work in high school branches, as, required 
of boards of education, under the provisions of section 7764-1 G. C, 
a board of education may transport to a high school outside the 
district all pupils of compulsory school age who have finished the 
ordinary grade school curriculum and who live more than four 
miles from any high school. 

A board of education maintaining a second grade or a third 
grade high school is satisfying the requirements of section 7764-1 
G. C. by providing work in high school branches for those pupils 
who have not graduated from such second or third grade high 
school. 

The transportation of high school pupils by a board of edu- 
cation is optional (7731) except as to those mentioned in section 
7749 G. C. and a board of education is not compelled to trans- 
port graduates of a second or third grade high school to a high 
school of higher grade, unless it has assigned such graduates to 
a higher grade high school outside the district and distant more 
than four miles from the residence of the pupil. Op. Attv. Gen. 
■ No. 2693, Dec. 1,1921. 

See Opinions of Attornev General (1922), p. 2949. cited under 
Sec. 7749. 

When child SECTION /'/64.-2. If a chifd of compulsory school age 

not compelled has been graduated from a high school of the first grade 
school. such child shall not be required longer to attend school. 

HISTORY.— 109 V. 380. 

See Opinions of Attornev General (1922). p. 2949, cited under 
Sec. 7749. 



Age and 
schooling 
certificate of 
minor em- 
ployed; filing 
of by em- 
ployer. 



Section 7765. No minor of compulsory school age 
shall be employed or be in the employment of any person, 
company or corporation unless such minor presents to such 
person, company or corporation the proper age and school- 
ing certificate, or age and preemplo^aiient card as a con- 
dition of em.ployment. Such employer shall keep the same 
on file in the establishment where such minor is employed 
or in the office of the business or in the residence in or 
about which such minor is employed for inspection by at- 
tendance officers, probation officers, the superintendent of 
schools, or inspectors or other employes of the industrial 
commission or the board of state charities of Ohio, or rep- 
resentatives of the district board of health or state depart- 
ment of health. 

Such certificate or an over age certificate or age and 
preemployment card shall be conclusive evidence for such 
employer of the age of such minor and so long as in force 
of the employer's right to employ such minor and the 
minor's right to engage in such occupations as are not 
denied by law to minors of the age and sex stated in such 
certificate, except that a limited or special certificate is 
confined to particular employments. 

Notice to the school authorities that the child has left 
the emplov of an employer shall render void fsom that date 
tlie age and schooling certificate or age and preemployment 



COMPUl.SORV EDUCATION 



411 



card filed with such employer, insofar as it shall permit the 
further employment of such child. 



365; 



HISTORY.— R. S. §4022-2; 
101 V. 310; 103 V. 864 (899); ] 



86 V. 334, 
)9 V. 380. 



2; 90 



28.5; 



V. 616; 97 v. 



In view of the provisions of Sections 776o and 7766 G. C, 
prescribing compulsor}- education and requiring an age and schooling 
certificate, an employer cannot excuse himself for thinking a minor, 
under the prohibited age, old enough to enter ^his employment unless 
such certificate is produced; the burden of establishing lawful 
employment is on the employer. Hence, when it appears that a 
minor is not employed lawfully, he is not an employe under the 
workmen's compensation act. Kutz v. Stamping Co., 38 O. C. R. 
273. 

Where children between the ages of 6 and 15 are employed 
during the vacation of the public schools in weeding by hand fields 
planted to vegetables such as onions, such employment constitutes 
a violation of sections 12976, 7765, 7766-6, 7766-9 and 7770-2 of the 
General Code, and other sections relating generally to the employ- 
ment of minors of school age as amended in 1921. It is unlawful 
to employ a child under 14 years of age at any time except for 
irregular service not involving confinement nor continuous physical 
strain, nor more than four hours work in any day or twenty-four 
hours in any week, such work to be interrupted with rest or recrea- 
tion periods. The application of various other statutes relating to 
the employment of minors in industry to such state of facts 
considered. Op. Atty. Gen. No. 3248, June 21, 1922. 

See Opinions of Attorney General (1914), p. 1536, cited under 
Sec. 7777. 

Section 7765-1. - The parent or guardian of a child Age and 
of compulsory school age shall be required to secure and ^gJ^ficaS of 
keep on file the proper age and schooling certificate of his child kept on 
child or ward if such child or ward is employed by him or^ guaJdian!^ 
and shall be required to return such certificate as provided ^^'^^"• 
in- section 7766-1, General Code, but a parent or guardian 
shall not be required to secure and keep on file a special 
or vacation certificate of his child or ward that such child 
or ward may be employed by him personally when school 
is not in session. 

HISTORY.— 109 V. 381. 



m irregular 
service not 
forbidden. 



Section 7765-2. Notwithstanding the provisions of Employment 
sections 7765 and 12993, General Code, a child may be em- 
ployed in irregular service not forbidden by sections 13001, 
13002 or 13007-3, General Code, without holding an age 
and schooling certificate. 

Irregular service shall be interpreted to mean service 
not forbidden by federal child labor laws which (a) does 
not involve confinement, (b) does not require continuous 
physical strain, (c) is interrupted with rest or recreation 
periods, and (d) does not require more than four hours 
of work 'in any day or twenty-four hours in any week. 
The health commissioner of the district in which employ- 
ment is afforded to any child shall determine whether the 
employment involves confinement or requires continuous 
physical strain so that it cannot be deemed irregular service 
within the meaning of this section. 

IIISTORY.-109 V. 3S1. 



412 



C()MFUL5()RV KDUCATION 



Who may 
issue age and 
schooling cer- 
tificates. 



When certifi- 
cates may be 
issued; by 
whom signed. 



Requirements 
before issuing 
certificate. 



Section 7766. An age and schooling certificate may 
be issued only by the superintendent of schools and only 
upon satisfactory proof that the child to whom the cer- 
tificate is issued is over sixteen years of age and has sat- 
isfactorily passed a test for the completion of the work of 
the seventh grade, provided that residents of other states 
who work in Ohio must qualify as aforesaid with the proper 
school authority in the school district in which the estab- 
lishment is located, as a condition of employment or service. 

Any such age and schooling certificate may be issued 
only upon satisfactory proof that the employment contem- 
plated by the child is not prohibited by any law regulating 
the employment of such children; and when the employer 
of any minor for whom such age and schooling certificate 
shall have been issued shall keep such age and schooling 
certificate on file as provided by law, the provisions of sec- 
tion 6245-2, General Code, shall not apply to such employer 
in respect to such child while engaged in an employment 
legal for a child of the given sex and of the age stated 
therein. 

Age and schooling certificate forms shall be formu- 
lated by the superintendent of public instruction, and ex- 
cept in cases otherwise specified by law must be printed on 
white paper. Every such certificate must be signed in the 
presence of the officer issuing it by the child in whose 
name it is issued. Blank certificates shall be furnished 
by the superintendent of public instruction upon request. 

HISTORY.— R. S. §4022-2; 86 v. 334, § 2; 90 v. 285; 96 v. 616; 97 v. 
365; 101 V. 310; 103 v. 864 (899); 104 v. 129; 109 v. 381. 



See Opinions of Attorney General (1914), p. 1536, cited under 

Sec. 7777. 

Section 7766-1. The superintendent of schools shall 
not issue such certificate until he has received, examined, 
approved and filed the following papers duly executed : 

(i) The written pledge or promise of the person, 
partnership or corporation to legally employ the child, to 
permit him to attend school as provided in section J'J^'J, 
General Code, and to return to the superintendent of schools 
the age and schooling certificate of the child or give notice 
of the non-use thereof within two days from the date of 
the child's withdrawal or dismissal from the service of 
that person, partnership or corporation, giving the reasons 
for such withdrawal or dismissal. 

(2) The school record of the child, properly filled 
out and signed by the person in charge of the school which 
the child last attended ; giving the recorded age of the child, 
liis address, standing in studies, rating in conduct, and 
attendance in days during the school year of his last attend- 
ance, and if that was not a full year, during the preceding 
school year. 

(3) Evidence of the age of the child as follows: 
(a) The birth certificate of the child (or duly at- 
tested transcript thereof) issued near the date of the birth 
of the child by the registrar of vital statistics of Ohio, or 



COVIPUI-SORY KDUCATION 413 

by a similar officer charged with the duty of recording 
births ill another state or country, shall be conclusive evi- 
dence of the age of the child. 

(b) In the absence of such certificate, a passport (or 
duly attested transcript thereof) showing the date and 
place of birth of the child, filed with a register of pass- 
ports at a port of entry of the United States; or a duly 
attested transcript of the certificate of birth or baptism or 
other religious record, showing the date and place of birth 
of the child, shall be conclusive evidence of the age of the 
child. 

(c) In case no one of the above proofs of age can be 
produced, other documentary evidence (except the affidavit 
of the parent, guardian or custodian) satisfactory to the 
superintendent of schools may be accepted in lieu thereof. 

(d) In case no documentary proof of age can be 
procured, the superintendent may receive and file an appli- 
cation signed by the parent, guardian or custodian of the 
child that a physician's certificate be secured to establish 
the sufficiency of the age of the child. Such application 
shall state the alleged age of the child, the place and date 
of birth, his present residence, and such further facts as 
may be of assistance in determining the age of the child, 
and shall certify that the person signing the application is 
unable to obtain any of the documentary proofs specified 
in (a), (b) and (c) above. 

If the superintendent of schools is satisfied that a 
reasonable efit'ort to procure such documentary proof has 
been without success such application shall be granted and 
the certificate of the school physician or if there be none, 
of a physician employed by the board of education, that 
said physician is satisfied that the child is above the age 
required for an age and schooling certificate as stated in 
section 7766, General Code, shall be accepted as sufficient 
evidence of age. 

(4) A certificate from the school physician or phy- 
sician designated by him, or if there be no school physician 
from the district health commissioner, or physician desig- 
nated by him, showing after a thorough examination that 
the child is physically fit to be employed in such occupa- 
tions as are not prohibited by law for a boy or girl, as the 
case may be, under eighteen years of age. 

But a certificate with the word limited written, printed 
or stamped diagonally across its face may be furnished 
by the school physician or other person indicated in the 
.ibove sentence, and accepted by the superintendent of 
schools in issuing a "limited" age and schooling certificate 
provided in section 7766-3, General Code, showing that the 
child is physically fit to be employed in some particular 
occupation not prohibited by law for a boy or girl as the 
case may be of the child's age which the child contemplates 
entering even if the child's complete physical ability to en- 



414 



COMPULSORY EDUCATION 



gage in any occupation as required in the preceding sentence 
cannot be vouched for. 



108 



HISTORY.— 108 V. Pt. I 605; 109 v. 382. Not analogous to § 7761-1 in 
. Pt. I 605 but largely separated out from § 7766 of 104 v. 129. 



What reqtiired 
on reissue. 



Section 7766-2. When an age and school certificate, 
returned according to section 7766-1, General Code, is re- 
issued, the pledge of the new employer and certificate from 
the school physician or other person in his stead shall be 
secured and filed. 



history.— 1G9 



383. 



Examination 
to determine 
whether appli- 
cant has com- 
pleted school 
work. 



When the Section 7766-3. The age and schooling certificate 

word "limited" provided in section 7766, General Code, shall be issued only 

shall be writ- ^ . , , , nt- • \,, • ^ i i- ^^ 

etn on face of With the word limited printed or stamped diagonally 
certi cate. across its facc if the certificate of the physician provided 

in section 7766-1 or yy66-2, General Code, is a limited cer- 
tificate and in that case the particular employment to which 
it is limited shall be stated in the certificate, and the cer- 
tificate cannot serve as the legal age and schooling certifi- 
cate for employment in another occupation. Such limited 
certificate shall be printed on pink paper. 

HISTORY.— 109 V. 383. 

Section 7766-4. In order to ascertain whether appli- 
cants for age and schooling certificates have satisfactorily 
completed the school work prescribed in section 7766, Gen- 
eral Code, the board of education of any city school dis- 
trict may appoint a juvenile examiner who shall receive 
such compensation as may be fixed by the board of educa- 
tion. When such a juvenile examiner is employed no such 
certificate shall be granted by the superintendent of schools 
of the district unless the juvenile examiner has certified 
that he has examined the child and that the child has passed 
to his satisfaction the grade test as provided by section 
7766, General Code, provided, however, that if a child in 
the opinion of said juvenile examiner is below the normal 
in mental development so that he cannot with further 
schooling and due industry pass such test, such fact shall 
be certified to by said examiner and the superintendent of 
schools shall grant the child an age and schooling certifi- 
cate printed on yellow paper with the words "Retarded- 
Schooling not Standard" written, printed or stamped diag- 
onally across the face; and provided, further, that if the 
juvenile examiner is satisfied that the standard of any 
school is sufficiently high, he may accept the records thereof 
as showing that a child has passed the required test. In 
case no juvenile examiner is employed the superintendent 
of schools may proceed and determine in like manner; if 
after proper tests he determines that a child is below normal 
in mental development to the extent specified above, he 
shall grant such a ''retarded" age and schoohng certificate. 
If a child who desires an age and schooling certificate is 
granted a ''retarded" certificate but secures only a Hmited 
health certificate, the word "limited" shall be written or 



COMPULSORY EDUCATION 415 

Stamped across the face of the ''retarded" certificate and 
the hmited "retarded" certificate shall be on yellow paper; 
in which case the certificate shall show to what employ- 
ment it is limited. 

HISTORY.— 109 V. 3^3 (but largely separated out from § 7766 of lOi 
V. 129). 

Section 7766-5. A record giving all the facts con- Record of 
tained in every a^^e and schoolino^ certificate issued shall be facts con- 

■' tsincn 111 

kept on file in the office issuing the same ; and also a record certificate 
of the names and addresses of the children to whom cer- """^^ ^^ '"'^p*- 
tificates have been refused ,together with the names of the 
schools and grades which such children should attend and 
the reasons for the refusals ; and also a record of all cer- 
tificates returned or no longer used, as provided in sec- 
tions 7766-1, (i), 7766-6 or 7766-9, General Code, with 
the reasons therefor, and the subsequent assignment of the 
child to a school, if any; and also a record of the conditions 
on which any certificates were issued, and there shall be 
kept on file also the pledges given in connection therewith ; 
and also a record of the special facts connected Avith the 
issuing of "retarded" or limited certificates. The super- 
intendent of public instruction shall have the power to 
prescribe methods of filing of all such facts, records and 
papers, for purposes of effective reference. The above- 
named record is nevertheless not required in the cases of 
certificates denied to those determined immediately at the 
time of inquiry to be of insufficient age. 

history.— 109 V. 3S4. 

Section y^G^-^. The superintendent of schools may vacation 
issue a vacation certificate to a bov or girl under eighteen certificates, 
years 01 age and over tourteen years ot age which shall printed. 
permit him to be employed within the restrictions of other 
statutes during the summer school vacation up to August 
25th, in occupations not forbidden by sections 13001, 13002 
or 13007-3. General Code, to children of his age and sex, 
regardless of what schooling he has completed, but before 
such certificate is issued the requirements prescribed in 
section 7766-1 with relation to health, written pledge of 
employment, and proof of age must be complied with. Such 
vacation certificate shall be printed on blue or blue-tinted 
paper and the word "vacation" shall be printed or stamped 
across its face ; such certificate shall include a statement of 
the school and grade in which the child is enrolled. Such 
certificates must be returned to the superintendent of schools 
by employers within the same period and under the same 
penalties as regular age and schooling certificates and may 
be revoked by the superintendent of schools at any time 
because of the physical condition of the child or other 
sufficient cause. 

If a child who desires a vacation age and schooling 
certificate secures only a limited health certificate the word 
"limited" shall be written or stamped across the face of the 
vacation certificate and the limited vacation certificate shall 



4i6 



COMPULSORY EDUCATION 



School record 
of child 
furnished. 



When and 
upon what 
facts "condi- 
tional — school- 
ing not stand- 
ard'" certifi- 
cates may be 
issued. 



Facts to be 
proved. 



be on blue or blue-tinted paper ; in which case the certificate 
shall show to what employment it is limited. 

HISTORY.— 109 V. 384 (but formerly largely included in § 7766 of 104 
V. 129). 

Section '/y66-y. Whenever the school record of a 
child as specified in section 7766-1, General Code, is required 
for the purpose of determining his eligibility to an age and 
schooling certificate, such record shall be furnished by the 
superintendent, principal, teacher or other official in charge 
of the public, private or parochial school attended by the 
child within two days after a request for the same is made 
by the parent, guardian or custodian of the child. 

HISTORY.— 109 V. 385. 

Section yy66-^. Whenever an age and school cer- 
tificate is applied for by a child over sixteen years of age 
who is unable to satisfactorily pass a test for the com- 
pletion of the work of the seventh grade and who is not 
so below the normal in mental development that he cannot 
with further schooling and due industry pass such a test, 
an age and schooling certificate with the words "Con- 
ditional — SchooHng not Standard" printed or stamped 
across its face may be issued by the superintendent of 
schools to such child upon proof acceptable to such superin- 
tendent of schools of the following facts and upon agree- 
ment to the respective conditions made in writing by the 
child and by the parent, guardian or custodian in charge 
of such child: 

(A) Facts to be proved: — 

That the child is addicted to no habit which is likely 
to detract from his reliability or efifectiveness as a worker, 
or proper use of his earnings or leisure, or the probability 
of his faithfully carrying out the conditions to which he 
agrees as specified in (B) below, and in addition any one 
of the following groups of facts — 

(i) That the child has been a resident of the school 
district for the last two or more years, has diligently at- 
tended upon instruction at school for the last two years 
or more, and is able to read, write and perform the funda- 
mental operations of arithmetic. These abiHties shall be 
judged by the juvenile examiner or if there be none, by 
the superintendent of schools. , 

(2) That the child having been a resident of the 
school district less than two years, diligently attended upon 
instruction in school in the district or districts in which 
the child was a resident next preceding his residence in the 
present district for the last school year preceding his re- 
moval to the present district, and has diligently attended 
upon instruction in the schools of the present school dis- 
trict for the period that he has been a resident thereof. 

(3) That the child has removed to the present school 
district since the beginning of the last annual school session, 
and that instruction adapted to his needs is not provided 
in the regular day schools in the school district. 



COMPULSORY EDUCATION 



417 



(4) That the child is not sufficiently familiar with the 
English language to be properly instructed in the full-time 
day schools of the district. 

(5) That the child is needed for the support or care 
of a parent or parents or for the support or care of 
brothers or sisters for whom the parents are unable to 
provide and that the child is desirous of working for the 
support or care of such parents or siblings and that such 
child cannot render such needed support or care by a 
reasonable effort outside of school hours. But no age and 
schooling certificate shall be granted to a child upon proof 
of the facts in the preceding sentence without written 
consent given to the superintendent of schools by the judge 
of the juvenile court and by the board of state charities. 

(B) Conditions to be agreed to : — 

(i) In case the certificate is granted under facts (i)j fe'^'^'^eed^J" 
(2), (3) or (5) above, that until reaching the age of 
eighteen years the child will diligently attend in addition 
to part-time classes, such evening classes as will add to his 
education for literacy, citizenship or vocational preparation 
which may be made available to him in the school district 
and which he may be directed to attend by the superintend- 
ent of schools, or in case no such classes are available, that 
he will pursue such reading and study and report monthly 
thereon as may be directed by the superintendent of schools. 

(2) In case the certificate is granted under fact (4) 
above, that until the age of twenty-one years or until the 
person is eighteen years of age and has learned to read, 
w^ite and speak the English language, the said person will 
attend in addition to part-time classes, such evening classes 
as will assist the person to learn the American language or 
advance in Americanization which may be made available 
to him in the school district and which he may be directed 
to attend by the superintendent of schools. Such conditional 
age and schooling certificate shall be printed on green paper. 
If a conditional age and schooling certificate is at the same 
time a limited certificate, the word "limited" shall be written 
or stamped diagonally across the face and the provisions 
of section 7766-3, General Code, shall apply except as to 
the color of the certificate. 

HISTORY.— 109 V. 385. 



Section 7766-9. A special age and schooling certi- 
ficate which shall permit a child to be employed during 
the hours that the school to which the holder is assigned 
is not in . session, other than the summer vacation, or, 
where cooperative part-time classes approved by the state 
board of education have been established, shall permit a 
child to be employed on the alternate days, weeks, or 
periods, on which his division is assigned to such part-time 
employment may be issued to a child above fourteen years 
of age under all of the conditions other than age and 
education which apply to a regular age and schooling certifi- 
cate and such additional conditions as the superintendent of 
27 s. L. 



Special age 
and schooling 
certificate; 
limitations and 
conditions. 



4l8 COMPULSORY EDUCATION 

. schools may deem necessary. Such special age and school- 
ing certificate shall entitle such child to engage in occu- 
pations not forbidden to such children by section 13001, 
13002 or 13007-3, General Code. Provided, however, that 
said sections 13001, 13002 and 13007-3, shall not be inter- 
preted in such a way as to prevent any pupil from working 
on any properly guarded machine in the manual training 
department of any school when such work is performed 
under the personal supervision of an instructor. 

No child under sixteen years of age shall be engaged in 
school and employment above nine hours altogether in any 
one day. 

Every special age and schooling certificate shall be lim- 
ited and specific and shall be in such form as will show all 
essential facts, and the form thereof or directions for re- 
cording the facts thereon may be prescribed by the superin- 
tendent of public instruction. 

Such certificate shall be printed on light brown paper. 

Such certificate shall be returned to the superintendent 
of schools on or before the day that school adjourns for 
the summer vacation except when the co-operative part- 
time classes continue during the summer vacation. They 
shall be filed and returned by employers under the same 
conditions and penalties as apply to regular age and school- 
ing certificates. 

HISTORY.— 109 V. 387. 

Who required SECTION J^^J . Evcry child who has been granted an 

dme^day ^^^ ^^^ ^^*^ schooHug certificate shall, until the age at which 
school. such certificate is no longer required by law, attend a part- 

time school or class for the number of hours not over eight 
per week that such school or class is in session, provided 
the board of education of the school district in which the 
child resides or is employed has made such school or class 
available. Such attendance shall be for the full term such 
school or class is in session, and shall begin with the first 
week of the school term or within one week after issuance 
of the age and schooling certificate. This section shall not 
apply to children who are employed on vacation or special 
certificates only. But the superintendent of schools may 
excuse a child from such attendance for one of the reasons 
provided in section 7762-5, General Code. A part-time 
school or class shall be defined as one which shall offer 
to those minors who have entered industry, instruction sup- 
plemental to their daily occupations or which will increase 
their civic and vocational inteUigence or both and which 
are taught between the hours of seven o'clock in the morn- 
ing and six o'clock in the afternoon of any day except a 
legal holiday, Saturday or Sunday, or between the hours of 
seven o'clock in the morning and twelve o'clock noon of 
Saturday. 

HISTORY.— R. S. §402-2-3; S6 v. 33i, §§3, 4; S7 v. 143; 90 v. 286, §3; 
©5 V. 617; 101 V. 310; 103 v. 861 (902); 1C9 v. 3S7. 



COMPULSORY EDUCATION 



419 



Section 7767-1. Attendance at a part-time school or part-time 



class provided by an employer, or by a partnership, cor- 
poration or individual, or by a private or parochial school, 
or by a college, or by a philanthropic or similar agency 
shall serve in lieu of attendance at a part-time school or 
class provided by a board of education in case the given 
school or class is conducted for substantially a term and 
hours equivalent to those of the part-time schools or classes 
provided by the local board of education, and in case, 
further, the school or class is approved by the superintend- 
ent of public instruction. When such school or class is 
conducted within or in connection with the establishment 
in which the child is working the obligation of attendance 
at part-time school or class indicated in section 7767, General 
Code, shall apply to the children holding age and schooling 
certificates who are employed in the given establishment 
regardless of the accessibility of public part-time schools or 
classes. 

HISTORY.— 109 V. 3S8. 

Section y'/6'/-2. The superintendent of schools shall 
be the judge of the availability or accessibility of a school 
or class in applying sections 7762-5, yy66-'^, yy6y or yy6y-i, 
General Code. 

HISTORY.— 109 V. 388. 

Section 7769. The board of education of every city 
school district and of every village school district which is 
not a part of a county school district shall employ an 
attendance officer, and may employ or appoint such assist- 
ants as the board may deem advisable. 

HISTORY.— R. S. § 4022-5; 86 v. 335, §. 6; 87 v. 144; 87 v. 325; 90 v. 
286, § 5; 95 v. 617; 101 v. 310; 104 v. 225 (232); 1C9 v. 388. 



school or 
class provided 
by employer; 
approval. 



Who judge of 
availability or 
accessibility of 
school or class. 



Attendance 
officer, emploj'- 
ment of. 



Section 7769-1. Every county board of education 
shall employ a county attendance officer, and may employ 
or appoint such assistants as the board may deem advisable. 
The compensation and necessary traveling expenses of such 
attendance officer and assistants shall be paid out of the 
county board of education fund. With the consent and 
approval of the judge of the juvenile court, a probation 
officer of the court may be designated as The county at- 
tendance officer or as an assistant. The compensation of 
the probation officers of the juvenile court so designated 
shall be fixed and paid in the same manner as salaries of 
other probation officers of the juvenile court; their traveling 
expenses as attendance officers which would not be in- 
curred as probation officers shall be paid out of the county 
board of education fund. The county attendance officer 
and assistants shall work under the direction of the county 
superintendent of schools. The authority of such attend- 
ance officer and assistants shall extend to all the village and 
rural school districts which form the county school district. 
But this section shall not be interpreted to confine their 



County attend- 
ance officer 
and assistants; 
who may be 
employed; 
compensation. 



420 



COMPULSORY EDUCATION 



Jurisdiction of 

attendance 

officer. 



authority to investigate employment to that within the 
county school district. 

HISTORY.— 109 V. 388. 

A probation officer designated under section 7769-1 G. C. 
as a county attendance officer, cannot legally draw two compensa- 
tions, that is, one for acting as probation officer and a separate 
salary as county attendance officer, for the reason that section 
7769-1 does not provide a salary for the county attendance officer 
where such county attendance officer is also a probation officer of the 
juvenile court. Where a probation officer is designated as county 
attendance officer, only his expenses as attendance officer is to be 
paid from the county board of education fund, which is disbursed 
by the county board of education. 

The compensation of a probation officer may be increased 
or decreased at any time by the appointing judge not to exceed the 
amounts appearing in section 1662 G. C., and such compensation is 
paid from the county treasury. Op. Atty. Gen. No. 2497, Oct. 24, 
1921. 

A county board of education may not employ an assistant 
county superintendent as the attendance officer (7769-1 G. C.) for 
the county school district, as the whole time of the assistant county 
superintendent is taken up in his work in that position as set forth 
in section 7706 G. C. Op. Atty. Gen. No. 2390, Sept. 3, 1921. 

Section .7769-2. An attendance officer or assistant 
may investigate any case of non-attendance at school or 
part-time school of a child under eighteen years of age or 
supposed to be under eighteen years of age resident in the 
district for which he is employed as attendance officer or 
assistant, or found in the district or enrolled in any school 
within the district and of any child above eighteen years 
of age if enrolled in any school within the district, and 
may take such action in accordance with law as thie^ 
superintendent of schools may direct or as he himself may 
deem proper in the absence of specific directions. 

history.— 109 V. 389. 

See Opinions of Attorney General No. 2390, (1921), cited under 
Sec. 7769-1. 



Powers and 
duties of 
officer and 
assistants. 



Section 7770. The attendance officer and assistants 
shall be vested with police powers and the authority to 
serve warrants, and shall have authority to enter workshops, 
factories, stores, and all other places where children are 
employed and do whatever may be necessary in the way of 
investigation or otherwise to enforce the laws relating to 
compulsory education and the employment of minors. The 
attendance officer or assistant may also take into custody any 
youth of compulsory school age not legally employed on an 
age and schooling certificate who is not attending school 
and shall conduct such youth to the school he has been 
attending or should rightfully attend. 



HYSTORY.— R. S. §4022-5; 86 v. 335; §6; 87 v. 144; 
286, §5; 95 v. 617; 101 v. 310; 103 v. 864 (903); 109 v. 389. 



87 V. 325; 90 v. 



Overage certifi- Section 7770-I. Any pcrson above eighteen years of 

cate, issue of, age who belicves that he is likely to be supposed to be 
under eighteen years of age by an employer or person 
engaged in the enforcement of the laws relating to com- 



when. 



COMPULSORY EDUCATION 



42 



pulsory education and the employment of minors may apply 
to the superintendent of schools for an overage certificate 
which shall be issued to him if he is proved to be above 
eighteen years of age in the manner required for the proof 
of age to secure an age and schooling certificate. 

When a person holding an age and schooling certificate 
reaches the age of eighteen such age and schooling cer- 
tificate shall be released to him by his employer and shall 
have the effect of an overage certificate. Such overage cer- 
tificate or released age and schooling certificate shall be 
conclusive evidence for an employer that the given employee 
has reached the age certified to therein, and the provisions 
of section 6245-2, General Code, shall not apply to the 
employer in respect to such person while engaged in an 
employment legal for a person of the given sex and of 
the age certified to therein. 

HISTORY.-109 V. 389. 

Section 7770-2. Any boy above sixteen years of age 
employed at the time this a£t goes into effect, or who had 
been employed before that date and after reaching the 
age of sixteen years, and who under former laws was not 
required to hold an age and schooling certificate for such 
employment shall be granted by the superintendent of 
schools an "age and pre-employment card" which shall ex- 
empt him from the provisions of this act except that he 
shall be required to attend part-time school or class until he 
reaches the age of eighteen, the same as those holding age 
and schooling certificates, if such part-time continuation 
schools or classes are in operation in the district wherein 
he resides, and he and his parents, guardian or other person 
in charge of him shall be liable to like prosecutions and 
penalties upon his failure to do so. 

HISTORY.— 109 V. 390. 

Section 7770-3. Any child employed at the time this 
act goes into effect on a regular age and schooling certificate 
or who had before that date been legally employed on such 
a certificate shall have the right to continue to be employed 
on such certificate or to be granted a new age and schooling 
certificate under the conditions as to age and grade which 
prevailed at the time his first regular age and school cer- 
tificate in this state was granted. 

HISTORY.— 109 V. 390. 



When age and 
schoolinK cer- 
tificate re- 
leased. 



When "age 
and pre-em- 
ployment 
card" re- 
quired. 



Child prev- 
iously em- 
ployed permit- 
ted to con- 
tinue. 



Section 7770-4. Schedule : Notwithstanding the pro- 
visions of other sections of this act children between seven- 
teen and eighteen years of age shall not be required to attend 
part-time schools or classes previous to September i, 1922; 
and previous to said date children between seventeen and 
eighteen years of age shall not be counted in determining 
the number requisite to obligate a board of education to 
provide such school or class ; and previous to said date 



When certain 
provisions of 
law take 
effect. 



422 



COMPULSORY EDUCAtlON 



parents and employers shall be relieved of all obligations 
of attendance of such children upon such classes. 

HISTORY.— 109 V. 390. 

Who shall in- SECTION 7771. The attendance officer shall institute 

fngs^to ^en^^^^ proceedings against any officer, parent, guardian, person, 
force the law. partnership or corporation violating any provision of the 
laws relating to compulsory education and the employment 
of minors, and otherwise discharge the duties described 
herein, and perform such other service as the superintendent 
of schools or board of education of the district by which he 
is employed may deem necessary to preserve the morals 
and secure the good conduct of school children, and to 
enforce the provisions of the above mentioned laws. 

He shall be furnished with copies of the enumeration 
in each school district in which he serves and of the lists of 
pupils enrolled in the schools and shall report to the superin- 
tendant discrepancies between these lists and the enumera- 
tion. 
Co-operation The attendance officer and assistants shall co-operate 

with Industrial with the industrial commission of Ohio in enforcing- the 

Commission in . . , , ^ ,^. . . P 

law enforce- conditions and requirements of the laws of Ohio relating to 
the employment of minors. The attendance officer shall 
furnish upon request such data as he and his assistants 
have collected in their reports of children from six to 
eighteen years of age and also concerning employers to 
the industrial commission of Ohio and upon request to 
the superintendent of public instruction. He must keep a 
record of his transactions for the inspection and informa- 
tion of the superintendent of schools and the board of 
education; and shall make reports to the superintendent of 
schools as often as required by him. The superintendent 
of public instruction shall have power to prescribe forms 
for the use of attendance officers in the performance of 
their duties. The blank forms and record books or in- 
dexes shall be furnished to the attendance officers by the 
boards of education by which they are employed. 

HYSTORY.— R. S. §4022-5; ?6 v. 835; §6; 87 v. 144; 87 v. 325; 90 v. 
286, §5; 95 v. 617; 101 v. 310; 103 v. 864 (933); 104 v. 225 (232); 109 v. 390. 



ment. 



Blank forms. 



Enforcement 
of school 
attendance. 



Report of 
teachers to 
clerks; when 
made. 



Section 6250. An inspector or visitor of the industrial 
commission shall have like authority as is vested -in the 
attendance officer to enforce school attendance of a child 
found violating the school attendance laws, or he shall make 
complaint of such violation to such attendance officer. 

HISTORY.— 99 V. 32; §4; 109 v. 389. 

Section '//'72. The principal or teacher in charge of 
any school public, private or parochial, shall report to the 
clerk of the board of education of the city, exempted vil- 
lage, village or rural school district in which the school 
is situated the names, ages and places of residence of all 
pupils below eighteen years of age in attendance at their 
schools together with such other facts as said clerk may 
require to facilitate the carrying out of the provisions of 



COMPULSORY EDUCATION 423 

the laws relating to compulsory education and the employ- 
ment of minors. Such report shall be made within the 
first two weeks of the beginning of school in each school 
year, and shall be corrected with the entry of such items as 
may be prescribed by the superintendent of public in- 
struction within the first week of each subsequent school 
month of the year. 

HISTORY.— R. S. §4022-6; 90 v. 287; §6; 95 v. 618; 101 v. 310; 104 v. 
225 (233); 109 v. 391. 

See Opinions of Attorney General (1917), p. 1187, cited under 
Sec. 7703. 

Section 7772-1. Whenever any child of compulsory Duties of 
ao^e withdraws from school the teacher of that child shall ^^.^.f^^'' o" 

• « rr^i • r 1 '11 1 11 Withdrawal 

ascertain the reason. The tact of the withdrawal and the of child from 
reason therefor shall be immediately transmitted by the ^'^°°'- 
teacher to the superintendent of schools of the city, ex- 
empted village or county school district as the case may 
be. If the child who has withdrawn from school has 
done so because of change of residence the next residence 
shall be ascertained and shall be included in the notice thus 
transmitted. The superintendent shall thereupon forward 
a card showing the essential facts regarding the child 
and stating the place of his new residence to the superin- 
tendent of schools of the district to which the child has 
moved. 

The superintendent of public instruction shall have 
power to prescribe the forms to be used in the operation 
of this section. 

HISTORY.— 109 V. 391. 

Section "jyyz- O^ the request of the superintendent Examination 
of schools or the board of education or when it otherwise °f cases of 

1 . • 1 1 rr 1 11 • supposed 

comes to his notice, the attendance orncer shall examine truancy; notice 
into any case of supposed truancy within his district, and *° parent. 
warn the child, if found truant, and his parent, guardian 
or other person in charge of him, in writing, of the final 
consequences of truancy if persisted in. When any child 
of compulsory school age, in violation of the provisions of 
this chapter, is not attending school, the attendance officer 
shall notify the parent, guardian or other person in charge 
of such child of the fact, and require such parent, guardian 
or other person to cause the child to attend school forth- 
with ; and it shall be the duty of the parent, guardian or 
other person in charge of the child so to cause its attendance 
at school. Upon the failure of the parent, guardian or 
other person in charge of the child to do so, the attendance 
officer shall make complaint against the parent, guardian 
or other person in charge of the child in any court of 
competent jurisdiction. 

HISTORY.— R. S. §4022-7; 86 v. 336; §§8, 9; 90 v. 287, §7; 95 v. 
618, 101 V. 310; 103 v. 864 (903); 104 v. 225 (233); 109 v. 391. 

The statute providing for criminal proceedings against a parent 
or other custodian in the event of the truancy of a child under his 
care, contemplates, not that the child be merely sent to the school- 



424 



COMPULSORY EDUCATION 



Warning to 
child, parent 
or guardian; 
complaint. 



house or schoolroom for the purpose of being sent away for refusal 
to obey, but that the child shall attend and obey and participate in 
the reasonable exercises provided for the pupils by those in charge 
of the school, and the statute is not satisfied by the mere appear- 
ance at school by a pupil who has been instructed by the custodian 
to disobey, and refuses to participate in the exercises. 21 O. N. P. 
(N. S.) 123. 

Section yyyy^. When any child, in violation of the 
provisions of section ^^(yj or 776y-i, General Code, is not 
attending a part-time school or class, the attendance officer 
shall warn the child and his parent, guardian or other 
person in charge of him in writing of the final conse- 
quences of his failure to attend such school or class. If 
the parent, guardian or other person in charge of such 
child fails thereupon to cause his attendance at such part- 
time school or class the attendance officer shall make com- 
plaint against the parent, guardian or other person in 
charge of the child in any court of competent jurisdiction. 

HISTORY.— 109 V. 392. 

Section 77yz~^. A notice under the provisions of 
section 7773 or 777yi, General Code, sent by registered 
mail shall be a legal notice. 

history— 109 V. 392. 

Proceedings be- SECTION 7774. If the parent, guardian or other person 

fore juvenile in charge of a child, upon complaint for a failure to cause 
cour , earing. ^^^ child to attend school or a part-time school or class, 
proves inability to do so. then he shall be discharged, and 
thereupon the attendance officer shall make complaint before 
the judge of the juvenile court of the county that the child 
is a delinquent child or dependent child within the meaning 
of section 1644 or 1645, General Code. Such judge shall 
hear the complaint and if he determines that the child is a 
delinquent or dependent child within the meaning of one 
of such sections shall dispose of the child according to 
section 1652 "or 1653, General Code. 



iLegal notice. 



HISTORY.— R. S. § 4022-8; 86 v. 
36 V. 619; 103 v. 864 (904); 109 v. ; 



8; 87 V. 144; 87 v. 325; 90 v. 



Who deemed 
in charge of 
child. 



Section 7775. If a child is residing apart from its 
parents, and the parents are not residents of the given 
school district, the person in whose residence the child 
resides shall be deemed the person in charge of the child 
for the purpose of section 7773, 7773-1 or 7774, General 
Code, and if several families are tenants in common of the 
residence in which the child resides and no one claims to 
be the person in charge of the child the court shall be 
judge of who is de facto in charge of the child. 

HISTORY.— This section enacted 109 v. 39? is not analogous to former 
§7775, R. S. §4022-8; 86 v. 337, §8; 87 v. 144; S7 v. 325; 90 v. 288; 95 v. 619. 
Repealed, 103 v. 864 (913), § 2. 

Relief to en- SECTION 7777- When an attendance officer is satisfied 

able child to that a child compelled to attend school is otherwise unable 

attend school. , , i i i • i ^ , ^ 

to do SO because absolutely required to work at home or 
elsewhere in order to support himself or help to support 



COMPULSORY EDUCATION 



425 



or care for others legally entitled to his services who are 
unable to support or care for themselves, such officer must 
report the case to the president of the board of education 
of the city, exempted village, village or rural school district 
in which such child resides. Upon proof of such fact the 
given board of education shall furnish free of charge text- 
books and such other personal necessities for the child or 
persons entitled to his services and also such medical care 
in co-operation with the health commissioner of the dis- 
trict as may be necessary to enable the child to attend 
school. The expense incident to furnishing such relief must 
be paid from the contingent fund of the school district. 
Such child shall not be considered a pauper by reason of 
the acceptance of such relief. If the child or its parent or 
guardian refuses or, neglects to take advantage of the pro- 
vision thus made for its instruction, action may be taken 
against the parent or guardian or child as provided in 
sections ']"jyz, 777A or 1645, General Code. 

HISTORY.— R. S. § 4022-9; 86 v. 337, § 8; 90 v. 289, §9; 95 v. G20, 
§ 4022-9; 99 v. 477; 109 v. 392. 

It is the duty of the board of education to provide for relief 
out of its contingent fund for any boy under fifteen years of age 
and any girl under sixteen years of age, who is unable to attend 
school because absolutely required to work at home or elsewhere in 
order to support himself or herself or help to support or care for 
others who are unable to support or care for themselves, upon the 
report of the truant officer that he is satisfied of such necessity. 
Op. Atty. Gen. (1914), p. 1536. 

See Opinion of Attorney General (1915), p. 627, cited under 
Sec. 7739. 

Section 7778. Every child actually resident in the ^ho amenable 
state shall be amenable to the laws relating to compulsory to laws reiat- 
education, and neither he nor the person in charge of him puhory edu- 
shall be excused from the operation of said laws or the ^^^lon. 
penalties under them on the ground that the child's resi- 
dence is seasonal or that the parent of the child is a resi- 
dent of another state or that the child has attended school 
for the legal period in another state. The board of edu- 
cation in any school district shall admit without tuition 
charge any child actually resident in the district who would 
otherwise be deprived of school privileges in this state. 

HISTORY.— R. S. § 4022-10; 86 v. 337; § 8; 90 v. 289, § 10; 95 v. 620, 
§ 4022-10; 109 v. 393. 

See Opinions of Attorney General No. 2492, (1921), cited under 
Sec. 7676. 



Section 7780. Upon information obtained as in sec- 
tion 7795, General Code, or otherwise, the judge of the 
juvenile court shall fix times when he will hear the questions 
whether each such child not reported as being or not be- 
lieved by him being already properly instructed shall be 
required to be sent for instruction to one of the state in- 
stitutions for such handicapped children, and shall for each 
case thereupon issue a warrant to the attendance officer or 
some other suitable person to bring the child before him at 



Proceedings ir 
juvenile court. 



426 



COMPULSORY EDUCATlOlSr 



Instruction in 
institution. 



his office at the time fixed for the hearing. He shall also 
issue an order on the parents, guardian or other person in 
charge of the child to appear before him at such hearing, a 
copy of which order must be served personally on the proper 
person by the attendance officer or other person ordered to 
bring the child before the judge. If on the hearing the 
judge of the juvenile court is satisfied that the child is not 
being properly educated and will be benefited by attendance 
at one of the state institutions for the education of such 
children and is a suitable person to receive instruction 
therein or that it is dangerous to society for the child to 
remain without custodial care, he may send or commit 
such child to such institution adapted to the needs of the 
children handicapped in the particular respect. 

HISTORY.— R. S. §4022-10; 86 v. 337, §8; 90 v. 289, §10; 95 v. 620; 
103 V. 864 (904); 109 v. 893. 

The judge of a juvenile court when satisfied that a blind 
child is not being properly educated at home, and will be benefited 
by attendance at the State School for the BHnd, and that such 
child is a suitable person to receive instruction therein, may, pur- 
suant to section 7780 General Code send or commit such child to 
the State School for the Blind in the manner provided by law. Op. 
Atty. Gen. (1920), p. 1033. 

Section 7781. Any such child committed as provided 
in section 7780, General Code, shall be received, instructed 
or cared for in the given institution unless the child is 
deemed by the bureau of juvenile research, after careful 
examination, not a proper person to be received in the 
given type of institution. 

HISTORY.— R. S. § 4022-10; 86 v. 337, § 8; 90 v. 289, § 10; 95 v. 620, 
109 V. 3^. 



Appointment 
of guardian. 



Section 10916. A guardian may be appointed to take 
charge only of the estate of a minor. At the time of, or 
after the appointment of such guardian to a minor having 
neither father nor mother, or whose father and mother 
are unsuitable persons to have the custody and tuition of 
such minor, or whose interests for any other cause, in the 
opinion of the court, will be promoted thereby, it may also 
appoint a guardian to have the custody and provide for the 
maintenance and education of such minor. If the powers 
of the person appointed guardian be not limited by the 
order of appointment, he shall be guardian both of the 
person and estate of the ward. In every instance the 
court shall appoint a guardian both of the person and 
estate of the ward, unless in its opinion the interests of 
the minor will be promoted by the appointment of separate 
guardians. 

HISTORY.— R. S. § 6255; 56 v. 54, § 2; S. & C. 671. 



Powers of 
guardian of 
person and 
estate. 



Section 10928. Each person appointed guardian of 
the person and estate of a minor, shall have the custody 
and tuition of his ward, and the management of such ward's 
estate during minority, unless removed or discharged from 
such trust, or the guardianship sooner determines from 



COMPULSORY EDUCATION 



427 



any of the causes specified in this chapter. But the father 
of the minor, or if there be no father, the mother, if a 
suitable person, respectively, shall have the custody of the 
person and the control of the education of such minor. 

HISTORY.— R. S. § 6264; 55 v. 54, § U; S. & C. 672. 

Section 10933. The following are the duties of every Duties of 
guardian appointed to have the custody and take charge guardians. 
of the estate of a minor. * * * 

6. When a ward has no father, or has one who is 
unable or fails to educate the ward, his guardian shall 
provide such education for him as the amount of his estate 
justifies; * * * 



iHISTORY.— S. & S. 381; S. & C. 673; R. S. 
77 V. 77; 88 v. 345; 107 v. 404; 108 v. Pt. I 366. 



55, 



14; 



Guardian 

of the person. 



Section 10935. When a guardian is appointed to 
have the custody, maintenance, and education of a minor, 
his duties are : 

1. To protect and control the person of his ward ; 

2. To provide a suitable maintenance for his ward, 
when necessary, which must be paid out of the estate of 
such ward, in the hands of the guardian thereof, upon 
the order of the guardian of the person of such ward ; 

3. When such ward has no father, or mother, or 
having a father or mother, such parent is unable or fails 
to maintain or educate the ward, the guardian so appointed 
shall provide for him such maintenance and education as 
the amount of his estate justifies, which shall be paid out 
of his estate in the hands of the guardian thereof, upon the 
order of the guardian of the person of such ward ; 

4. To obey all the orders and judgments of the court 
touching the guardianship. 

HISTORY.— R. S. § 6271; 55 v. 54, § 16; S. & C. 674. 

Section 10945. The guardian of the person and estate, The sale of 
or estate only, when for the interest of the ward, may mhio?s*.^*^ ^^ 
sell all or any part of the personal estate of the ward. 
Whenever necessary for the education, support, or pay- 
ment of just debts, or the discharge of liens on the real 
estate of such minor, or if the real estate of the minor is 
suffering unavoidable waste, or a better investment of its 
value can be made, and if satisfied that a sale of it will be 
for the benefit of the minor, the probate court by which a 
guardian of the person and estate, or of the estate only, 
was appointed, on his application may order the real estate 
of such minor, or a part thereof, situated in this state, to 
be sold. When a person is such guardian for two or more 
minors whose real estate is owned by them jointly, or in 
common, in one application he may ask for the sale of the 
interest of all or any number of his wards in such real 
estate; and if dififerent persons are guardians of minors so 
interested jointly, or in common, in the same real estate, 
they may join in one application. On the hearing, in 
either case, the court may authorize the sale of the interest 



4^8 ' COMPULSORY EDUCATION 

of one or more of such wards, as, in its discretion, seems 
right. 

HISTORY.— R. S. § 6280; 56 v. 88, § 22; 59 v. 19, § 1; S. & C. 675; 
S. & S. 382. 

Power of Section 10962. Such guardian also may lease the real 

fJSe^^State of estate of his ward for a term not exceeding fifteen years, 
ward. although it extends beyond the minority, if, on his appli- 

cation, the court appointing him, finds that such lease 
will be to the advantage of the ward, and is necessary 
to secure the improvement of the real estate, and to increase 
its rents, and that such increase is needed for the support 
and education of his ward or to pay his Habilities or any 
liens on, or claims against his estate, and that by such lease 
a sale of real estate for these purposes may be prevented. 

HISTORY.— R. S. § 6296; 13 v. 207, §§ 1, 3. 

Application for SECTION 10963. Such application shall be by petition, 

Ki^^'^iease"?o^r^ which shall contain a description of the real estate and a 
improvement, particular Statement of its value and the value of all other 
property or effects of the ward, and his income and ex- 
penses, a detailed statement of the improvements proposed 
and the liabilities or expense of support and education to 
be provided for, the rent of the real estate as it is, and the 
probable increase of rent if the improvements are made, 
the means intended to be used in making the improvements 
and the proposed terms and time of the lease : and such 
other facts as will be pertinent to the question whether the 
authority for making the lease should be granted. 

HISTORY.— R. S. § 6297; 73 v. 207, § 2. 

Who may Section 10964. In such application the guardian may 

piicadon. ^^' ^^^ ^^^ ^^^ or more wards, and two or more guardians of 
different wards may unite, when all the wards are jointly 
or in common interested in the real estate. The same rules 
shall apply as to parties and notice as in applications for 
the sale of real estate. On the hearing, the court shall 
appoint three disinterested freeholders of the county in 
which the real estate is situated, who are not of kin to the 
petitioner, to view the premises and report under oath their 
opinion of the probable cost of the improvements proposed, 
whether the improvements and the proposed lease would 
be for the best interest of the ward or wards, and if so, 
upon what terms the lease should be made. The report 
must be returned on or before a day named in the order 
for the final hearing of the case. 

HISTORY.— R. S. § 6298; 73 v. 207, §§ 3, 5, 6. 

Hearing and Section 10965. If the report of the freeholders be in 

orders thereon, favor of the Icasc, and on the final hearing the court is of 
opinion that it will be to the advantage of the ward or wards 
to improve and lease the real estate, that such lease is 
necessary to secure the improvements and increase the 
rents, that such increase is needed for the support and 



COMPULSORY EDUCATION 429 

education of the ward or wards, or to pay his or their 
HabiHties or Hens or other claims against his or their 
estate and that by such lease a sale of real estate for any 
of these purposes may be prevented, the court shall make 
an order authorizing the lease to be made on such terms and 
in such manner as it thinks proper. 

HISTORY.— R. S. § 6299; 73 v. 207, § 4. 



CHAPTER 21 
REPORTS 



Section. 
7784. 



7785. 
7786. 



7787. 
7788. 



School records shall be kept by 
superintendents and teachers. 

Special reports by superintendents 
and teachers. 

When clerk shall draw order for 
teacher's pay. 

Annual report of board of education. 

Report must be made on blanks fur- 



Section. 



7790. 
7791. 



7792. 
7793. 



nished by superintendents. 
Duty of county auditor as to school 

statistics. 
Penalty for failure to make reports. 
When auditor to appoint person to 

make reports. 
Penalty for failure to transmit 

abstract of enumeration. 
Compensation of auditor. 



School records 
shall be kept 
by superin- 
tendents and 
teachers. 



Special reports 
by superin- 
tendents and 
teachers. 



When clerk 
shall draw 
order for 
teacher's pay. 



Section 7784. Boards of education shall require all 
teachers and superintendents to keep the school records 
in such manner that they may be enabled to report annually 
to the county auditor and superintendent of public instruc- 
tion as required by the provisions of this title and shall 
withhold the pay of such teachers and superintendents as 
fail to file the reports required of them. The records of 
each school, in addition to a.11 other requirements shall be 
so kept as to exhibit the names of all pupils enrolled therein, 
the studies pursued; also, indicate the character of the 
work done, the standing of each pupil, and must be as near 
uniform throughout the state as is practicable. 



HISTORY.-R. S. § 4059; 70 v. 195, 



97 V. 



104 V. 225 (234). 



Section 7785. Such boards may require superintend- 
ents and teachers to report matters the boards deem im- 
portant or necessary for information in regard to the man- 
agement and conduct of the schools and to make such 
suggestions and recommendations as they deem advisable 
relative to methods of instruction, school management, or 
other matters of educational interest. The board of edu- 
cation of each city district shall prepare and publish an- 
nually a report of the condition and administration of the 
schools under its charge, and include therein a complete 
exhibit of the financial affairs of the district. 

HISTORY. R. S. § 4059; 70 v. 195, § 76; 97 v. 869. 

Section 7786. No clerk of a board shall draw an 
order on the treasurer for the payment of a teacher for 
services until the teacher files with him such reports as 
are required by the superintendent of public instruction 
and the board of education, a legal certificate of qualifica- 
tion, or a true copy thereof, covering the entire time of 
the service, and a statement of the branches taught. But 
orders may be drawn from the payment of special teachers 
of drawing, painting, penmanship, music, gymnastics, or a 
foreign language, on the presentation of a certificate to the 
clerk, signed by a majority of the examiners, and the filing 
with him of a true copy thereof, covering the time for 

(430) 



REPORTS 431 

which the special teacher has been employed, and the 
specialty taught. 

HISTORY.— R. S. § 4C51; 70 v. 195, §§ 53, 94; 104 v. 225 (234). 
See G. C. §§ 7707 and 7829, et seq. 

A teacher may not, while employed by the board of education 
of a school district, as a teacher in the schools of said district, be 
elected to the position of clerk of said board. Op. Atty, Gen. (1915), 
p. 2229. 

A teacher may not, while employed by the board of education 
of a school district, as a teacher in the schools of said district, be 
elected to the position of clerk of said board. Op. Atty. Gen. 
(1918), p. 223. 

Where a teacher is allowed to teach without the certificate 
demanded by statute with and under full knowledge of the board 
of education, as well as the clerk of the board, the members of 
the board of education participating in such illegal act, the clerk of 
such board and the person receiving misappropriated funds under 
such illegal employment, are liable for any compensation paid from 
school funds to such person without certificate. Op. Atty. Gen. 
(1919), p. 187. 

A county or city board of school examiners may not legally 
issue certificates for a particular branch of study not enumerated 
in the sections of law respectively relating to such boards. 

A county or city board -of school examiners may not legally 
issue certificates for a particular branch of study not enumerated 
in the law but which is considered by the examining and issuing 
board to logically be an extension of or logically related to, a 
branch or branches of study already enumerated in the law. 

A board of education cannot legally pay a teacher for in- 
struction in a branch of study not enumerated in the law. 

A person who holds no certificate cannot be legally paid by 
a board of education for teaching in schools of the district 
over which the board has jurisdiction. Op. Atty. Gen. (1919), p. 
946. 

If a teacher has a certificate of qualification, or a copy thereof, 
on file with the clerk of the board of education, evidencing the 
qualification of the teacher to teach in the school in which he is 
employed, covering the entire time of his service, so long as such 
teacher performs his duties according to the terms of his con- 
tract of employment, no liability will attach to members of the 
board of education for the compensation paid such teacher by reason 
of the withdrawal of the certificate of the grade of the high school 
in which such teacher is employed, by the superintendent of public 
instruction. Op. Atty. Gen. (1916), p. 1880. 

See Opinions of Attorney General as follows : 

(1918), p. 85, cited under Sec. 7877. 
(1919), p. 947, cited under Sec. 7821. 

(1919), p. 187, cited under Sec. 7830. 

(1920), p. 888, cited under Sec. 7691. 

Section 7787. The board of education of each district Annual report 
shall make a report to the county auditor, on or before the of board of 
first day of August in each year, containing a statement of contents"' 
the receipts and expenditures of the board, the number of 
schools sustained, including trade or technical schools, ex- 
tension schools, night schools, summer schools and other 
special school activities, the length of time they were sus- 
tained, the enrollment of pupils, the average monthly en- 
rollment, and average daily attendance, the aggregate days 
of attendance of pupils, the number and qualifications of 
teachers and the number of other school employes men- 



432 REPORTS 

tioned in section seven thousand six hundred of the General 
Code employed, and their salaries, the number of school 
houses and school rooms, the personal service expense 
incurred in transporting pupils, and such other items as 
the superintendent of public instruction requires. 
How personal The personal service expense incurred in transporting 

computed ^'"'' pupils shall bc computcd as follows : 

In case the district owns the vehicle of transportation 
and the means of locomotion, the entire compensation paid 
to the driver shall constitute such personal service expense 
attributable to such driver. 

In case the district owns the vehicle of transportation, 
but not the means of locomotion, one-half the amount pa-id 
for transporting pupils in such vehicle shall constitute such 
personal service expense. 

In case the district owns neither the vehicle nor the 
means of locomotion, one-third the amount paid for trans- 
porting pupils shall constitute such expense. 
Attendance, The board of education of a school district situated in 

tained^when two or more countics shall also report the enrollment of 
on^°aicoin\^^of P^pi^s residing in each county; and the board of education 
epidemic. of a school district situated partly in an original surveyed 

township or other district of county entitled to an appor- 
tionment of the interest on the common school fund or to a 
dividend of the rents and profits of school lands shall 
report the enrollment of pupils residing in such original 
surveyed township or district of country [county]. 

The aggregate days of attendance of pupils in a school 
which is closed for more than five consecutive school days 
during the year on account of an epidemic of disease or 
other emergency requiring such closing shall be ascertained 
by multiplying the average daily attendance at such school 
by the number of days such school would have been in 
session, but for such emergency. 
Attendance at ^'^ Computing the aggregate days of attendance in night 

night and schools, cxtcnsion schools, summer schools, and other special 

SDCC13.1 SCIlOOlS. 

' schools operated on an abnormal daily time basis, six hours 
of attendance on the part of a pupil shall be taken as the 
equivalent of one day's attendance. 

When a school district is situated in two or more 
counties, the reports required by law shall be made to the 
auditor of each county. 

HISTORY.— S. & C. 1353; R. S. § 4057; 70 v. 195, § 75; 85 v. 192, 195; 
104 V. 225 (234); 108 v. Pt. II 1303 (1311). For the time at which the amend- 
ment of this section in 108 v. Pt. II 1303 takes effect, see 108 v. Pt. II 1303 
(1313), § 3. 

See Opinions of Attorney General No. 2804, (1922), cited under 
Sec. 7731. 

In the apportionment of the state common school fund, the 
personal service expense incurred in transporting pupils shall 
be computed in the specific manner mentioned in section 7787 
G. C., and a board of education is not authorized to compute 
in the cost of transportation in a school district, such additional 
items as depreciation, repairs, replacement, storage, taxes, insurance 
or interest on investment, such personal service expense being 
limited to the things only which appear in the statute. Op. Atty. 
Gen. No. 1864, Feb. 21, 1921. 



REPORTS 



433 



The pupils of a school coming from a county, semi-public 
or district children's home must be counted in the "aggregate days 
of attendance of pupils." 

Non-resident pupils attending an Ohio high school must be 
counted in obtaining the "aggregate days of attendance of pupils" 
of such high school. 

Pupil is used in the school law generally in its ordinary mean- 
ing and is more comprehensive than youth as used for the purposes 
of enumeration therein. Op. Atty. Gen. (1920), p. 751, 

See Opinions of Attorney General (1922), p. 3114, cited under 
Sec. 7764. 



Section 7788. Such reports must be made on blanks Report 



which shall be furnished by the superintendent of public 
instruction to the auditor of each county, and by the auditor 
to each school clerk in his county. Each board of educa- 
tion, or officers or employee thereof, or other school officer 
in any district or county, when the superintendent so re- 
quires, shall report to him direct, upon such blanks as he 
furnishes any statement or items of information that he 
deems important or necessary. 

HISTORY.— R. S. § 4058; 70 v. 195, § 75 j 104 v. 225 (234). 



be made on 
blanks fur- 
nished by 
superintendent. 



Section 7789. On or before the twentieth day of 
September, annually, the auditor of each county shall pre- 
pare, and transmit to the superintendent of public instruc- 
tion an abstract of all the returns of school statistics made 
to him from the several districts in his county, according 
to the form prescribed by the superintendent, a statement 
of the condition of the institute fund, and such other facts 
relating to schools and school funds as the commissioner 
requires. He shall also cause to be distributed all such 
circulars, blanks, and other papers, including school laws 
and documents, in the several school districts in the county, 
as the commissioner may lawfully require. 



HISTORY.-S. & S. 706; R. S. 
104 V. 225 (234). 



H060; 70 V. 195, § 123; 85 v. 192, 195; 



Duty of 
county auditor 
as to school 
statistics. 



Section 7790. If the auditor neglects to prepare and Penalty for 



return any of the abstracts or reports herein required, the 
county commissioners shall withhold from him all com- 
pensation for his services under this title, and he shall 
also be liable on his bond for any such neglect, in a sum 
not less than three hundred nor more than one thousand 
dollars, on complaint of the superintendent oi public instruc- 
tion, and if the clerk of the board of education of any 
district fails to make the annual returns of school statistics 
required by this title, to the county auditor, he shall be 
liable on his bond, in a sum not less than fifty nor more 
than three hundred dollars, on complaint of the county 
auditor, or of the board of education, to be recovered 
in a civil action in the name of the state, and when collected 
to be paid into the county treasury, and applied to the use 
of common schools in such district, 

HISTORY.-S. & S. 706; R. S. § 4061; 70 v. 195, § 123; 104 v. 225 (235). 
28 S. L. ■ 



neglect to 
make reports. 



434 



REPORTS 



Wlien auditor 
to appoint 
person to 
make reports. 



Penalty for 
failure to 
transmit ab- 
stract of 
enumeration. 



Compensation 
of auditor. 



Section 7791. Upon the neglect or failure of the 
clerk of the board of education of any district to make 
the reports required in this title, and by the time specified, 
the county auditor must appoint some suitable person, resi- 
dent of the district, to make such reports who shall receive 
the compensation therefor, allowed by law for like services. 

HISTORY.— R. S. § 4062; 70 v. 195, § 123; S. & S. 706. 

Section 7792. A county auditor who wilfully or neg- 
ligently fails, in any year, to transmit to the superintendent 
of public instruction the abstract of enumeration by law 
required of him, or to perform any other duty required of 
him in this title, shall be liable on his bond to the extent 
of twice the sum lost to the school districts of his county 
in consequence of such failure. Such sum shall be re- 
covered in a civil action against him, on his bond, in the 
name of the state. The money so recovered must be paid 
into the county treasury, for the benefit of such districts, 
and apportioned as the school funds so lost would have been 
apportioned. 

HISTORY.— R. S. § 4063; 70 v. 195, §§ 81, 124; 104 v. 225 (235). 

Section 7793. The commissioners of each county, 
annually shall allow the county auditor a reasonable com- 
pensation for his services under this title, not to exceed 
five dollars for each city, village and rural school district 
in his county, to be paid out of the county treasury. But 
before such allowance shall be made for any year the 
auditor must present to the commissioners a statement, 
officially certified and signed by the superintendent of 
public instruction, that he has transmitted to him all reports 
and returns of statistics for that year required by this 
title. 

HISTORY.— R. S. § 4064; 70 v. 195, § 125; 104 v. 225 (235). 



CHAPTER 22 

ENUMERATION 



Section. 



7794. 



(795. 



7796. 
7796-1, 



7797. 
7798. 



Report of deaf, dumb, blind, insane, 

and idiotic persons. 
Annual enumeration of school youth 

in district between five and eighteen 

years of age. 
Special enumeration of feeble 

minded, crippled and defective 

minors. 
Oath to be taken by enumerators. 
Copy of enumeration to be provided 

for Attendance officer. 
Compensation of enumerators. 
Enumeration to be separately re- 
ported where district is in two or 

more counties. 



Section. 

7799. Abstract of enumeration to be 

furnished county auditor. 

7799-1. Enumeration of youth in certain 
original land surveys to be trans- 
mitted to auditor of state. 

7799-2. Apportionment of common school 
fund to be basis of enumeration of 
children from five to eighteen 
years of age. 

7800. When county auditor employs 

enumerator. 

7801. How report made where county line 

divides original surveyed township. 
7803. Abstract of enumeration to be trans- 

mitted to superintendent of public 
instruction. 



Section 2606. In each year when an enumeration in Report of 
that, behalf is required, as soon as possible after the third i^.^^j .^"mb, 

^ c r n /r 1 1- 1 11 1 1 r blind, insane, 

Monday of May, the county auditor shall make and for- and idiotic 
ward to the auditor of state a list of all the deaf, dumb, p^''^^"^- 
blind, insane, and idiotic persons in the county, with the 
names and postoffice addresses of their parents or guardians, 
as returned to him by the assessors. If he fails to make and 
forward such report within a reasonable time, he shall for- 
feit and pay to the state any sum not exceeding one 
hundred dollars, to be recovered' and paid as provided in the 
preceding section. 

HISTORY.— R. S. § 1051; 58 v. 40, §§ 2, 3; S. & S. 21, 22. 

Section 7794. An enumeration of all youth between Annual 
five and eighteen years of age resident within the district, ^""^^^ation. 
and not temporarily there, shall be taken in each school 
district annually during the four weeks ending on the fourth 
Saturday of May. This enumeration shall designate the 
name of each child, his sex, his age, name of his parent, 
location of his residence, and what school building and 
grade he attends, and shall indicate in separate columns 
whether each child is from five to six years of age or 
from sixteen to eighteen years of age and whether he is a 
resident of the Virginia Military District, the Connecticut 
Western Reserve, the United States Military District, the 
French grant or any one of the three tracts of the Moravian 
lands, or in any original surveyed township or fractional 
township to which belongs section sixteen or other land in 
lieu thereof. Such enumeration shall be taken under the 
supervision of the attendance officer of the county, exempted 
village or city school district. The superintendent of public 
instruction may prescribe forms and suggest improved 
methods of taking and recording such enumerations. 

HISTORY.— 107 v. 357 (378); 109 v. 394. Each section of this act, and 
every part thereof, is declared to be an independent section in 107 v. 357 

(435) 



43^ 



ENUMERATION 



(381), §58, P. & A. Code §7794, which was R. S. §4030; 71 v. 15, §77; 
85 V. 192; 87 v. 80; 93 v. 312; 99 v. 80, was repealed in 107 v. 357 (381) (382), 



The pupils of a school coming from a county, semi-public or 
district children's home, must be counted in the "aggregate days of 
attendance of pupils." Non-resident pupils attending an Ohio high 
school must be counted in obtaining the "aggregate days of at- 
tendance of pupils" of such high school. Pupil is used in the 
school law generally in its ordinary meaning and is more com- 
prehensive than youth as used for the purposes of enumeration 
therein. Op. Atty. Gen. (1920), p. 751. 

See Opinions of Attorney General as follows : 

No. 2495, (1921), cited under Sec. 7681. 

(1920), p. 751, cited under Sec. 7787. 

Additional SECTION 7795. The person taking such enumeration 

fafned^° be ob- shall make every effort to secure an accurate enumeration 
of all feeble-minded and epileptic persons between one and 
twenty-one years of age, and of all crippled, Wind or 
partially blind and deaf children between the same ages 
and shall place in a separate list the names and the other 
data regarding such, which data shall include a statement 
of the disposition of each such child for education and 
care; but the name of each child between five and eighteen 
years of age shall appear also on the general enumeration 
list, with cross-reference to the special list. 



HISTORY.— R. S. § 4030; 90 v. 80; 
V. 15, §77; 109 v. 394. 



V. 312; 87 V. 



85 V. 192; 71 



When and 
how enumera- 
tion taken. 



Section 7796. On or before the last Saturday in 
April the board of education of each school district shall 
appoint one or more persons to take the enumeration pro- 
vided for in the next two preceding sections. Each person 
appointed shall take an oath or affirmation to take the 
enumeration accurately and truly to the best of his skill 
and ability, and in accordance with the directions of the 
attendance officer. He shall make the return thereof, with 
all details secured, to the clerk of the board of education, 
with his affidavit that he has taken and returned the 
enumeration accurately and truly to the best of his knowl- 
edge and belief, and that such list contains the names of 
all such youth so enumerated and no others. The clerk 
of the board of education or any officer authorized to 
administer oaths may administer such oath or affirmation 
and take and certify such affidavit. The clerk shall keep 
the enumerator's report in his office for five years. 



HISTORY.— R. S. § 4031; 71 v. 15, § 77; 



V. 192; 97 v. 365; 



Copy of enu- 
meration for 
attendance 
officer; index 
required. 



Section 7796-1. A board of education shall provide a 
copy of the enumeration for the use of the attendance officer 
and may provide for the keeping of an index of the 
enumeration for purposes of ready reference in such form 
as the superintendent of public instruction may prescribe. 
Such index shall be made available for consultation by non- 
public schools not conducted for profit, by philanthropic 
organizations and other responsible persons interested in 
child welfare. 

HISTORY.-109 V. 395. 



ENUMERATION 



437 



transmit ab- 
stract of enu- 
meration to 
county auditor. 



Section 7797. Reasonable compensation shall be paid compensation; 
by boards of education to those employed to take the report; forms, 
enumeration after they have made proper returns to the 
clerk. A board of education may require that the persons 
employed to take the enumeration shall report all unoccu- 
pied houses in the district, ond also that the enumeration 
be arranged for report in forms which will be convenient 
for checking or reference, and may pay compensation for 
such services. A board of education may employ a teacher 
or attendance officer to take the enumeration. 

HISTORY.— R. S. §4031; 71 v. 15, §77; 80 v. 192; 97 v. 365; 109 v. 395. 

Section 7798. When a school district includes ter- when district 
ritory situated in two or more civil counties persons taking I'^^q^^^v more 
the enumeration must report separately the children re- counties. 
siding in each respective county. The clerk of the board 
shall make returns, as provided in section 7799. General 
Code, to the auditor of each county. 

HISTORY.— R. S. § 4032; 70 v. 195, § 78; 89 v. 97; 97 v. 366; 109 v. 395. 

^ Section 7799. On or before the first Saturday in cierk_shaii 
August the clerk of each board of education shall transmit 
to the county auditor an abstract of the enumeration of 
children in the school district according to a form pre- 
scribed by the superintendent of public instruction with 
an oath or affirmation endorsed thereon that it is a correct 
abstract of the returns made to him under oath or affir- 
mation. The oath or affirmation of the clerk may be 
administered and certified to by any member of the board 
of education or by the county auditor. In village and rural 
school districts there shall be included with the abstract 
the entire list with all details of feeble-minded, epileptic, 
crippled, blind or partially blind and deaf children. 

HISTORY.— R. S. §4035; 70 v. 195, §79; 85 v. 193; 97 v. 366; 104 v. 
225 (235); 109 v. 395. 

Section 7799-1. Immediately upon the receipt by the Enumeration 
county auditor of each county, any part of which lays [lies] clrtJfn^di^ 
within the Virginia military district, the Connecticut western Jjjf^*""^" 
reserve, the French grant, each of the three tracts of the auditor of 
Moravian lands, or the United States military district, of *^*^' 
the enumeration of youth of school age residing within 
either of said districts of country, the county auditor shall 
transmit to the auditor of state a certified statement of the 
number of youth of school age residing within each of 
such districts of country as shown by the abstract of the 
enumeration made to him pursuant to sections 7798 and 
7799 of the General Code. 

HISTORY.— 107 V. 357 (378). Each section of this act, and every part 
thereof, is declared to be an independent section in 107 v. 357 (381), § 58. 

Section 7799-2. For the purpose of the apportionment Meaning of 

of the common school fund the enumeration shall mean enumeration 

in the case of every enumeration subsequent to the going apportfonment 

into effect of this section the enumeration of children from °^ ^"°*^^- 



438 



ENUMERATION 



five to eighteen years of age; and in the year 1921 if the 
enumeration is not taken in May on this new basis, the 
enumeration shall be taken in the four weeks following the 
date when this section shall become effective, and the dates 
of the required reports shall be correspondingly altered. 



HISTORY.— 109 V. 395. 



When clerk 
fails to take 
or transmit 
enumeration, 
auditor to act. 



Section 7800. If the clerk of any board of edu- 
cation fails to transmit such abstract of enumeration on 
or before the first Saturday of August the auditor at 
once shall demand it from him. In case the enumeration 
has not been taken as required by law or the abstract 
be not furnished without delay the auditor shall employ 
competent persons to take the enumeration, who shall make 
return directly to the auditor who may administer to each 
such person employed the oath or affirmation required. He 
shall allow each person so employed by him a reasonable 
compensation to be paid out of the general county fund. If 
the necessity of the employment by the auditor of persons 
to take the enumeration arose from the failure of the 
clerk of a board of education to perform his duties the 
expense of taking the enumeration may be recovered from 
said clerk in an action in the name of the state and the 
amount so collected shall be paid into the general county 
fund. Otherwise the expense of taking the enumeration 
b}^ those employed by the auditor shall be charged by the 
auditor against the school district, and the amount thereof 
shall be deducted by the auditor from funds due to such 
district at the next semi-annual settlement. 



895. 



HISTORY.— R. S. § 



70 V. 195, § 80; ?5 v. 



97 V. 366; 109 v. 



When county 
line divides 
original sur- 
veyed town- 
ship. 



Section 7801. If parts of an original surveyed town- 
ship or fractional township are situated in two counties, the 
auditor of the county in which the smallest part is situated, 
so soon as the abstracts of enumeration are received by 
him from the clerks of the boards of education, shall certify 
to the auditor of the county in which the largest part is 
situated the enumeration of youth residing in the part of 
the township situated in his county. If parts of such 
township or fractional township are situated in more than 
two counties, like certificates of enumeration must be trans- 
mitted to the auditor of the county containing the greatest 
relative portion of such township, by the auditors of the 
other counties containing portions thereof. When it is 
uncertain which county contains the greatest relative portion 
of such township, such certificates shall be transmitted to the 
auditor of the oldest county, by the other auditor or auditors. 
If the land granted by congress to such township or frac- 
tional township for the support of public schools has been 
sold, the auditor to whom such certificates are transmitted 
must notify the auditor of state, without delay, that such 
enumeration has been certified. 

HISTORY.— R. S. § 4087; 70 v. 195, §§ 121, 130. 



ENUMERATION 439 

Section 7803. On or before the third Saturday of Auditor shall 

August the auditor of each county shall transmit to the sifjcrto *^" 

superintendent of public instruction on blanks furnished superin- 

by him a duly certified abstract of the enumeration returns ^^" 
made to him. 

HISTORY.— R. S. §4039; 70 v. 195, §81; 85 v. 193; 97 v. 366; 104 v. 
225 (236); 109 v. 396. 



CHAPTER 23 
STATE, COUNTY AND CITY EXAMINERS 



Section, 

7806. State board; appointment and 

qualifications. 

7806. Terms and vacancies. 

7807. Issue of life certificates and record 

to be kept. 

7807-1. Experience and professional training 
for elementary life certificates. 

7807-2. Experience and training for high 
school certificates. 

7807-3. When elementary certificate may be 
granted without further examina- 
tion. 

7807-4. When high school certificate may be 
granted without further examina- 
tion. 

7807-5. When special certificate may be 
granted. 

7807-6. Renewal of certificates. 

7807-7, When state life high school certifi- 
cates shall be issued to holder of 
degree. 

7807-8. When life elementary certificate shall 
issue. 

7807-9. Provisional certificates valid for four 
years shall be granted; fee. 

7807-10. Provisional certificates, in kinder- 
garten, first and second grades. 

7807-11. Issue of_ life certificates without ex- 
amination. 

7807-12. Issue of life certificates covering 
special subjects. 

7808. Effect thereof; may be revoked for 

cause. 

7809. Examination fees. 

7810. Compensation of examiners. 

7811. County board; how composed. 

7812. Who eligible as examiner. 

7813. Terms; revocation of appointment. 

7814. Vacancies. 

7815. Organization of board; duties of 

officers, 

7816. Rules and regulations. 

7817. Meetings each year for examination 

of applicants; no private examina- 
tion nor antedating certificates. _ 

7818. Power of majority to grant certifi- 

cates; applicant may elect to take 
one-half the subjects at each of 
two regular examinations. 

7819. Uniform system of examination. 

7820. Disposition of fees. 

7821. County certificates valid in village 

or rural districts of county. Num- 
ber of one-year and three-year 
certificates that may be issued. 

7821-1, Five and eight year certificates; how 
renewed. 

7821-2. How two-year and three-year 
primary and special elementary and 
high school certificates may be re- 
newed. 

7821-3. How two-year and three-year certifi- 
cates may be renewed as a five- 
year certificate. 

7822. Qualifications required for ele- 

mentary certificates. 

7823. Qualifications required for high 

school certificates. 

7823-1. Qualifications required of applicants 
for high school and special certifi- 
cates. 

7823-2. Qualifications and examination of 
teachers to give vocational instruc- 
tion. 

7823-3. Training determined by superin- 
tendent; issue of certificates. 



Section. 

7824. When certificates rnay be issued with- 

out formal examination. 

7825. Additional tests to written examina- 

tion; when and by whom made. 

7826. Temporary certificates may be issued, 

when. 

7827. Minimum age limit. 

7828. Fees for examiners conducting in- 

vestigation. 

7829. What kind of certificates shall be 

issued. 

7830. Elementary certificates; branches 

qualified to teach. 

7831. High school certificate. 

7831-1. Teacher must have certificate of 
character and qualifications. 

Branches in which applicant for high 
school certificate examined. 

Teachers' special certificates. 

Teachers' emergency certificate. 

To whom one year elementary certifi- 
cates granted. 

To whom one year elementary certifi- 
cates granted. 

Recognition or renewal of certifi- 
cates. 

Compensation of examiners. 

Expenses of b'oard. 

Annual report of clerk; his bond. 

No additional compensation^ as clerk. 

City board of school examiners, ap- 
pointment term. 

Appointment of board of examiners 
in exempted village school district. 

Removal and vacancies. 

Standard of qualifications prior to 
and after year 1924. 

Special examiners. 

Organization of board; duties of 
officers; clerk's bond. 

Meetings for examination; notice. 

Certificates for one and three years. 

Certificates for five and eight years. 

Renewal of two and three year 
certificates. 

To whom law applies. 

Questions for examination. 

Substitute for practical teaching test. 

Issue of certificates to teach special 
classes for deaf, feeble-minded, 
etc. ; qualification. 

Temporary certificates. 

Fees and per diem of examiners for 
conducting examination provided 
for in Section 7827. 

City board of examiners may require 
teachers in elementary schools to be 
examined in drawing, music and 
physical training. 

Oath of teachers; form of oath; 
where filed. 

Teachers in private or parochial 
school shall take oath of allegiance. 

Penalty for permitting teachers _ to 
enter upon duties without taking 
oath. 

Compensation of members and clerk; 
incidental expenses. 

Duties of clerk of city board of 
school examiners. 

Disposition of examination fees. 

Consideration of applicants' answers; 
issue of certificates or notice of 
failure. 

Manuscripts shall be kept on file €0 
days; review. 

How appeal may be taken; result. 



7831-2. 

7832. 

7832-1. 

7832-2. 

7832-8. 



7834. 
7835. 
7836. 

7837. 
7838. 

7838-1. 

7839. 
7840. 

7841. 
7842. 

7843. 
7844. 
7845. 
7846. 

7847. 
7847-1. 
7848. 
7848-1. 



7849. 
7851. 



7852. 

7852-1. 

7852-2. 
7852-3. 

7853. 
7854. 



7855. 
7856. 



7857. 
7858. 



(440) 



ppointmcnt 
and qualifica- 



STATE, COUNTY AND CITY EXAMINERS 44I 

STATE BOARD OF EXAMINERS 

Section 7805. There shall be a state board of school state hoard; 
examiners, consisting of five competent persons, resident of 
the state, to be appointed by the superintendent of public tions. 
instruction. Not more than three of them shall belong to 
the same political party. 

HISTORY.— S. & S. 709; R. S. § 4065; 70 v. 195, § 85; 81 v. 95; 85 v. 
330; 1(M V. 100. 

A member of a board of school examiners is said in State, 
ex rel., v. Board of Education, 4 O. C. D. 540, not to be an officer 
within the meaning of Art. II, § 20, of the Ohio constitution, 
which forbids a change in the compensation of an officer during 
his term. Accordingly, the board of education may reduce the 
compensation of an examiner during his term of office, but such 
reduction cannot be retroactive. 

When the state board of school examiners refuse to grant a 
certificate to an applicant as provided by sections 7805, 7807-6 and 
7807-7 G. C, 104 O. L. 100, upon evidence, not submitted to the 
board by the applicant, upon the questions of good moral character, 
professional experience and ability, and the period of successful 
teaching therein prescribed, the board should, upon request of the 
applicant, disclose to him all such evidence and the source thereof. 
Op. Atty. Gen. (1916), p. 1364. 

Section 7806. The term of office of such examiners Terms and 
shall be five years. The term of one of the examiners ^^^^^^^^^■' 
shall expire on the thirty-first day of August each year. 
When a vacancy occurs in the board, whether from ex- 
piration of the term of office, refusal to serve, or other 
cause, the superintendent of public instruction shall fill 
it by appointment for the full or unexpired term, as the 
case demands. 

HISTORY.— S. & S. 709; R. S. § 4065; 70 v. 195, § 85; 81 v. 95; 85 v. 
330; 101 V. 100. 

See G. C. § 7805. 

Section 7807. The board thus constituted may issue ^^ ^j^^^^ ^.^^ 
life certificates to such persons as possess the scholarship certificates may 
required in the several sections of this chapter and exhibit reco'rd^of' 
satisfactory evidence of good moral character and of pro- proceedings, 
fessional experience and ability. A record of the proceed- 
ings and of each certificate granted shall be kept in the 
office of the superintendent of public instruction. 

HISTORY.— S. & S. 709; R. S. § 40€6; 70 v. 195, § 86; 78 v. 39; 86 
V. 330; 104 v. 100; 109 v. 188. 

Section 7807-1. Applicants for elementary life cer- Experience and 
tificates and special life certificates, not provided for in sec- professional 
tions 7807-6 or 7807-8 shall have completed fifty months eiememary^ 
of successful- teaching experience, a four year high school cafes.^^"^*'^' 
course or the equivalent, and college or normal credit 
aggregating one year, including one half year of professional 
training, and shall complete such additional requirements 
and tests as are prescribed by the state board of school 
examiners. 

HISTORY.— 10 1 V. 100 ; 108 v. Pt. I €83. 

Under Sec. 7807-1 and 7807-2, G. C., the board oi state school 
examiners may or may not require of applicants for life certificates 



442 



STATE, COUNTY AND CITY EXAMINERS 



Experience 
and training 
for high 
school life 
certificates. 



additional requirements or tests or they may require one and omit 
the other, as they may desire. 

To secure credit for a two-year normal course such course 
must have been taken in an institution approved by the superintend- 
ent of public instruction in any case not specifically otherwise pro- 
vided by law. 

The state board of school examiners must determine whether 
or not the experience in teaching had by an applicant for a 
certificate is successful teaching experience, the evidence of which 
must be produced by the applicant. If it be successful teaching 
experience in the judgment of the board, from the evidence produced, 
full credit must be given. Such experience may be had in the 
schools of any school district and must be considered by the board. 

A rule that three months of teaching is the equivalent of one 
month's success in teaching is contrary to the content and purpose 
of the law. Op. Atty. Gen. (1920), p. 1116. 

Section 7807-2. Applicants for high school life cer- 
tificates shall have completed fifty months of successful 
teaching experience, a four year high school course or the 
equivalent, and college or normal credit aggregating tv^o 
years, including one half year of professional training, 
and unless applying under section 7807-6 or 7807-7 shall 
complete such additional requirements and tests as are pre- 
scribed by the state board of school examiners. 

HISTORY.— 104 V. 100 (101); 108 v. Pt. I 683 (684). 

See Opinions of Attorney General (1920), p. 1116, cited under 
Sec. 7807-1. 



When elemen- 
tary certificate 
may be 
granted with- 
out further 
examination. 



Section 7807-3. A graduate from any normal school, 
teachers' college, college or university, who has completed 
a full two years' academic and professional course in such 
institution and who also possesses a first grade high school 
diploma or its equivalent shall upon application to the 
-superintendent of public instruction and the payment of 
a fee of one dollar be granted without further examination 
a provisional elementary certificate valid for four years 
in any school district within the state ; provided that such 
institution has been approved by the superintendent of 
public instruction. 

HISTORY.— 104 V. 100 (101). 

Under the provisions of Section 24, G. C., the fees received 
by the superintendent of public instruction from applicants during 
any week, for the granting of certificates and renewal of certificates 
by such superintendent of public instruction, must be paid into the 
state treasury on or before Monday of the following week, and 
there is no provision in existing law for the return of such fees 
even though the certificate or the renewal of any certificate has 
not been granted. 

The certificate from the state superintendent of public in- 
struction required to be presented to the state dental board by a 
person who desires to be licensed as dentist comes within the above 
rule, for Sec. 1321-1. G. C., specifically provides that the fee for 
such certificate shall be paid into the state treasury and there is no 
provision in existing law for its return. 

Where a certificate issued by the superintendent of public 
instruction is lost or destroyed and the holder thereof makes appli- 
cation for a duplicate certificate, the superintendent of public 
instruction should charge the same fee for a duplicate certificate. 
Where the original has become lost or destroyed, as is required in 
the case of the original issue of any certificate such fee to be 



STATE, COUNTY AND CITY EXAMINERS 443 

turned into the state treasury in accordance with the provisions of 
Sec. 24, G. C. Op. Atty. Gen. (1920), p. 567. 

See Opinions of Attorney General (1916), p. 1969, cited under 
Sec. 7658. 

Sec. 7807-4. A graduate from any normal school, when high 
teachers' college, college or university, who has completed cat?°lnar^be' 
a full four years' academic and professional course in such granted with- 
institution and who also holds a certificate of graduation examination, 
from a first grade high school or its equivalent shall upon 
application to the superintendent of public instruction, and 
the payment of a fee of one dollar, be granted without 
further examination, a provisional high school certificate 
valid for four years in any school district within the state ; 
provided that such institution has been approved by the 
superintendent of public instruction. 

HISTORY.— 104 V. 100 (101). 

See Opinions of Attorney General as follows : 
(1920), p. 567, cited under Sec. 7807-3. 
(1916), p. 1969, cited under Sec. 7658. 

Section 7807-5. A graduate from any normal school ^^^^^ special 
teachers' college, college or university, who has completed certificate may 
a special two year course, wuth training school experience, ^ sr^^t^ • 
in music, drawing, penmanship, manual training, physical 
culture, domestic science, agriculture, kindergartening, any 
modern language, or such other studies as are required to 
be taught by special teachers or supervisors and who also 
possess a first grade high school diploma or its equivalent, 
shall upon application to the superintendent of public in- 
struction and the payment of a fee of one dollar, be granted 
without further examination a provisional special certificate 
in such subject or subjects valid for four years in any 
school district within the state; provided that such insti- 
tution has been approved by the superintendent of public 
instruction. 

HISTORY.— 104 V. 100 (101). 

See Opinions of Attorney General (1920), p. 567, cited under 
Sec. 7807-3. 

Section 7807-6. The superintendent of public in- Renewal of 
struction shall renew state provisional certificates upon certificates, 
application by the holders thereof, accom^^panied by a fee 
of one dollar, upon satisfactory evidence of the applicant's 
success in teaching. It shall be the duty of the state board 
of school examiners to issue without examination to a 
holder of a state provisional certificate, a life certificate 
of similar kind, upon satisfactory evidence that the holder 
thereof has completed at least twenty-four months of suc- 
cessful teaching after receiving such provisional certificate. 

HISTORY.— 104 V. 100 (101); 107 v. 458. 

See Opinions of Attorney General as follows : 
(1916), p. 1364, cited under Sec. 7805. 
(1920), p. 567. cited under Sec. 7807-3. 
(1920), p. 1116, cited under Sec. 7807-1. 



444 



STATE, COUNTY AND CITY EXAMINERS 



When state 
high school 
certificate 
shall be issued 
to holder of 
degree. 



Section 7807-7. The state board of school examiners 
shall issue without examination, a state life high school cer- 
tificate to the holder of a degree from any normal school 
teachers' college, or university that has been approved by 
the superintendent of public instruction, upon satisfactory 
evidence that the holder thereof has completed at least 
fifty months of successful teaching. 

HISTORY.— 104 V. 100 (102). 

See Opinions of Attorney General as follows : 
(1916), p. 1364, cited under Sec. 7805. 
(1920), p. 1116, cited under Sec. 7807-1. 



V^hen life ele- 
mentary cer- 
tificate shall 
issue. 



Provisional 
certificate 
valid for 
four years 
shall be 
granted; fee. 



Section 7807-8. The state board of school examiners 
shall issue, without examination, a state life elementary 
certificate to one who has completed a four-year high school 
course or its equivalent, and has completed a two-year 
normal course in an institution approved by the superin- 
tendent of public instruction and, in addition thereto, has 
had at least fifty months of experience in teaching satis- 
factory to the state board of examiners ; or who has com- 
pleted a four-year high school course or its equivalent, and 
a one-year normal course in a school approved by the 
superintendent of public instruction, or who has done such 
professional reading and study as the superintendent of 
public instruction may require, and, in addition thereto, 
has had at least one hundred months of experience in teach- 
ing satisfactory to the state board of examiners. Provided, 
however, that no life certificate authorized by this sub- 
section to be issued to graduates of a one-year normal 
course, shall be issued unless application therefor be made 
prior to the year nineteen hundred and twenty. 

history.— 107 V. 458. 

Under the provisions of Section 7807-8, G. C., the superin- 
tendent of public instruction is authorized to prescribe a course of 
professional reading^ and study, upon the completion of which and 
compliance with other conditions imposed by law, a state life 
elementary certificate may be issued without examination subsequent 
to 1920. Op. Atty. Gen. (1920), p. 545. 

See Opinions of Attorney General (1920), p. 1116, cited under 
Sec. 7807-1. 

Section 7807-9. State provisional certificates valid 
for four years to teach vocational agriculture, home eco- 
nomics, specific industrial vocational subjects, or other sub- 
jects, taught in classes supported with federal aid and 
under the supervision of the state board of education, 
shall be granted by the superintendent of public instruction 
upon formal application and the payment of a fee of one 
dollar, to those who have completed such requirements for 
the particular certificates as shall have been established by 
the superintendent of public instruction with the approval 
of the state board of education. 

HISTORY.— 108 V. Pt. I 622. 

See Opinions of Attorney General (1920), p. 567, cited under 
Sec. 7807-3. 



STATE, COUNTY AND CITY EXAMINERS 445 

Section 7807-10. Slate provisional certificates valid Provisional 
for four years to teach in kindergarten and first and second kSderarten'" 
grades of elementary schools shall be granted by the superin- first and sec- 
tendent of public instruction upon formal application and °"^ grades, 
the payment of a fee of one dollar, to those who have 
completed a four year high school course or the equivalent 
and at least a two year course in an approved school for 
the training of teachers, provided the course as conducted is 
approved by the superintendent of public instruction for 
the specific purpose. 

HISTORY.-IC8 V. Pt. I 683 (C84). 

See Opinions of Attorney General (1920), p. 567, cited under 
Sec. 780Y-3. 

Section 7807-11. Notwithstanding the provisions of When life 
sections 7807-1 and 7807-2, General Code, the state board mly^be^tssued 
of school examiners, upon recommendation of the superin- to holder of 

, . • five or cififnt 

tendent of public instruction shall issue without examination year certifi- 

to a holder of a five-year or an eight-year certificate a life ^^*^' 
certificate of similar kind. 

Such board may issue to a person recommended by the Elementary or 

1 ^ -', 1. . ^. 111 11 special certih- 

supermtendent 01 public mstruction and who has completed cate. 
fifty months of teaching experience a state life elementary 
or special certificate if such person is a graduate of a two- 
year course adapted to the preparation of a teacher for the 
given type of service or a state life high school certificate 
if such person is a graduate of a four-year college course. 

HISTORY.-109 V. 189. 

Section 7807-12. The state board of school examiners Life certifi- 
may issue without examination to a person who has had at ctrtain* sS-^^^ 
least fifty months of experience in teaching satisfactory to jects in cen- 
such board and who has the qualifications prescribed for ^^ ^^^ 
certain provisional certificates under the authority of sections 
7807-5, 7807-9 and 7807-10, General Code, a state life cer- 
tificate to teach such subjects in such grades and classes as 
he would be entitled to teach on the corresponding pro- 
visional certificate which he is qualified to receive. 

HISTORY.-109 V. 189. 

Section 7808. All certificates issued by such board Effect thereof; 
shall be countersigned by the superintendent of public in- ^oYg^j^^for*^' 
struction. They shall supersede the necessity of any and cause. 
all other examinations of the persons holding them, by 
any board of examiners, and be valid in any school district 
in the state, unless revoked by the state board for good 
cause. 

HISTORY.— S. & S. 709; R. S. § 4067; 70 v. 195, § 87; 104 v. 100 (102). 

Section 7809. Each applicant for a certificate shall Examinatic* 
pay to the board of examiners a fee of five dollars. The fees. 
clerk of the board must pay to the state treasurer, all 
fees received, and file with the state auditor a written state- 
ment of the amount. 

HISTORY.-R. S. § 4068; 85 v. 330; 82 v. 100; 70 v. 195, § HS; S. & S. 
7()9. 



44^ STATE, COUNTY AND CITY EXAMINERS 

Compensation SECTION 7810. Each member of the board shall receive 

of examiners, f^ye dollars for each day he is necessarily engaged in official 
service, and also his actual and necessary expenses, to be 
paid out of the state treasury on the order of the state 
auditor. All books, blanks and stationery required by the 
board shall be furnished by the secretary of state. 

HISTORY.— S. & S. 7C9; R. S. § 4068; 70 v. 195, § 88; 82 v. 100; 85 v. 
330; 104 V. 100 (102). 

COUNTY BOARD OF EXAMINERS 

County board; SECTION 781 1. There shall be a county board of school 

how composed, examiners for each county, consisting of the county superin- 
tendent, one superintendent, high school principal or as- 
sistant county superintendent and one other competent 
teacher, the latter two members to be appointed by the 
county board of education. The teacher so appointed must 
have at least two years' experience as teacher or superin- 
tendent, and be a teacher or supervisor in the public schools 
of the county school district or of any exempted village 
school district. Should he remove from the county during 
his term, his office thereby shall be vacated and his suc- 
cessor appointed. 

HISTORY.— R. S. § 4069; 70 v. 195, § 89; 85 v. 330; 88 v. 495; 97 v. 369; 
104 V. 100 (102); 109 v. 246. 

See opinions of Attorney General as follows : 
(1914), p. 642, cited under Sec. 7834. 
(1915), p. 2457, cited under Sec. 7812. 
(1919), p. 947, cited under Sec. 7821. 

Who enable SECTION 7812. No examiner shall teach in, be con- 

as examiner, nected with, or financially interested in any school which 
is not supported wholly or in part by the state, or be 
employed as a paid instructor in any teachers' institute 
in his own county ; nor shall any person be appointed as, 
or exercise the office of examiner who is agent of or 
financially interested in any book publishing or book selling 
firm, company or business, or in any educational journal 
or magazine. If an examiner becomes connected with or 
interested in any school not under state control, or is em- 
ployed in any such institution in his own county, or becomes 
an agent of or interested in any book company or jonmal, 
or fails to hold the necessary teachers' certificate, or removes 
from the county, the county board of education upon being 
apprised of such fact, forthwith sha'l remove such examiner 
and appoint his successor. 

HISTORY.— R. S. § 4069; 70 v. 195, § 89; 85 v. 330; S8 v. 495; 97 v. 
369; 104 v. 100 (102). 

The superintendent of a county school district as a member 
of the count}^ board of school examiners may not teach in, be 
connected with or become financially interested in a summer school 
or any school which is not supported whollv or in part by the state. 
Op. Atty. Gen. (1915), p. 2457. 



STATE, COUNTY AND CITY EXAMINERS 447 

Section 7813. The term of office of such appointive Term. Re- 
school examiners shall be two years. The term of one of vocation of 

11' r r K appointment. 

the exammers shall expire on the thirty-first day of August, 
each year. The county board of education shall revoke 
the appointment of any examiner, upon satisfactory proof 
that he is inefficient, intemperate, negligent, guilty of -im- 
moral conduct, or that he is using his office for personal 
or private gain. 

history.— R. S. § 4069; 70 v. 195, § 89; 85 v. 330; 88 v. 495; 97 v. 369; 
104 V. 100 (102). 

Section 7814. When a vacancy occurs in the board, Vacancies, 
whether from expiration of the term of office, refusal to 
serve, or other cause, the county board of education 
promptly shall fill it by appointment for the full or unex- 
pired term, and within ten days, report this to the superin- 
tendent of public instruction, together with the names of 
the other members of the board and the date of the ex- 
piration of their several terms of office. 

HISTORY.— R. S. § 4069; 70 v. 195, § 89; 86 v. 330; 88 v. 495; 97 v. 
369; IM V. 100 (102). 

Section 7815. Annually, in the month of September, organization 
the board of county school examiners shall organize by dutierof' 
choosing from its members a president and a vice president, officers. 
The county superintendent shall be the clerk of the board. 
The president shall preside at all the meetings of the board. 
In his absence the vice president shall preside. The clerk 
shall keep a full and accurate record of the proceedings 
of the board, showing the number, date and character of 
each certificate issued, to whom, for what term and what 
branches of study, with such other statistics relating to the 
examination and proceedings of the board as the superin- 
tendent of public instruction requires, in the form and 
manner required by him, and make a report of all such 
items annually on or before the first day of September. 

HISTORY.— R. S. §4070; 70 v. 241, §95; 85 v. 195; 92 v. 215; 97 v. 
370; 104 V. 100 (103). 

Section 7816. The board shall make all needful rules Rules and 
and regulations for the proper discharge of its duties and regulations, 
the conduct of its work, subject to statutory provisions and 
the approval of the superintendent of public instruction. 

HISTORY.— R. S. § 4070: 70 v. 211, § 95; 85 v. 195; 92 v. 215; 97 v. 
370; 104 V. 100 (103). 

The board of county examiners has no authority to honor 
a certificate of teachers who have taught in a foreign state, or 
to issue certificates to them without taking an examination in 
this state. Op. Atty. Gen. (1913), p. 1341. 

Section 7817. Each board shall hold public meetings Meetings each 

for the examination of applicants for county teachers' cer- yea/ for ex- 

tificates on the first Saturday of September, May, and applicants. " 

July and on the last Friday of August of each year unless ^amTnaTio^n 

any such day falls on a legal holiday, in which case it nor antedating 

shall be held on the corresponding day of the succeeding ^^^ ' ^^ ^^' 



448 



STATE, COUNTY AND CITY EXAMINERS 



week, at such place within the county as, in the opinion 
of the board, best will accommodate the greatest number 
of applicants. In no case shall the board hold any private 
examinations or antedate any certificate. 

HISTORY.— R. S. §4071; 7o v. 195, §§90, 91; 89 v. 245; 92 v. 215; 97 
V. 370; 104 v. 100 (103) ; 108 v. Pt. I 66. 

Under the provisions of section 7817, G. C, as amended, 104 
O. L., 10'3, county boards of school examiners are no longer re- 
quired or authorized to publish notice of the time and place of 
holding public meetings for the examination of applicants for 
county teachers' certificates. Op. Atty. Gen. (1915), p. 727. 

See Opinions of Attorney General (1914), p. 642, cited under 
Sec. 7834. 



Power of ma- Section 7818. A majority of the board may examine 

jority to grant applicants and grant certificates. An applicant for a county 
teachers' certificate may, if he so elects, take one-half of 
the subjects in which he is to be examined on one day 
and the remaining one-half not later than the second regular 
examination day thereafter. The subjects to be taken the 
first day by an applicant shall be determined by the board 
Applicant may of county examiners. If an applicant electing to take the 
one-ha\f the^ examination in two days fails to obtain on the first day 
a grade of seventy-five per cent, or more, in any subject 
or subjects, such applicant may elect to be re-examined 
in such subject or subjects on the second day on which 
such applicant is to be examined. As a condition of an 
applicant's being admitted to take the examination he shall 
pay to the board for the use of the county board of edu- 
cation fund a fee of fifty cents. Applicants taking the 
examination in two parts shall make on the date when each 
part is taken an application accompanied with a fee of fifty 
cents. 



subjects at 
each of two 
regular ex- 
aminations. 



HISTORY.— R. S. §4071; 70 v. 195, 
V. 370; 103 v. 541; 104 v. lOO (103). 



245; 92 v. 215; 97 



Uniform sys- 
tem of ex- 
amination. 



Section 7819. The questions for all county teachers' 
examinations shall be prepared and printed under the direc- 
tion of the superintendent of public instruction. A suffi- 
cient number of lists shall be sent, under seal, to the clerks 
of such boards of examiners not less than five days before 
each examination, such seal to be broken at the time of 
the examination at which they are to be used, in the presence 
of the applicants and a majority of the members of the 
examining board. 



(104), 



HISTORY.— R. S. § 4071a; 90 v. 300; 97 v. 371; 98 v. 228; 104 v. 100 
Penalty for giving information about questions, see G. C. § 12939. 



Disposition 
of fees. 



Section 7820. The clerk of the board of county 
school examiners shall promptly collect all fees from appli- 
cants at each examination and pay them into the county 
treasury monthly. He shall file with the county auditor a 
written statement of the amount and the number of appM- 
cants, male and female, examined during the month. All 



STATE, COUNTY AND CITY EXAMINERS 449 

money thus received, shall be set apart by the auditor to 
the credit of the county board of education fund. 

HISTORY.— R. S. § 4072; 70 v. 195, § 91; 83 v. 40; 97 v. 371; 104 v. 100 
(104). 

Section 7821. County boards of school examiners Certificates 
may grant teachers' certificates which shall be valid in all Sunty^ ^^ 
village and rural districts of the respective counties. Not boards, 
more than three one-year certificates and not more than 
one three-year certificates may be issued upon examination 
to any one person. Such three-year certificate may be 
renewed twice only on proof of successful teaching. 

All such county certificates other than temporary cer- 
tificates shall be valid for one, two or three years from the 
first day of September following the day of the examination, 
except that certificates earned on the first Saturday of Sep- 
tember shall be valid from that day to the first of the 
first, second or third September following. 

history.— R. S. §4073; 70 v. 195; §92; 79 v. 83; 81 v. 55; 85 v. 331; 
92 V. 121; 93 v. 115; 97 v. 371; 99 v. a50; 102 v. 418; 104 v. 100 (104); 109 v. 189. 

Every teacher is entitled to three effective one-year cer- 
tificates so that when two or more one-year certificates are issued 
in any one year all will count as but one in making up the sum 
total of three. 

The three one-year certificates mentioned in section 7821 G. C. 
must be issued in three separate years to make up the limit allowed. 
Op. Atty. Gen. (1917), p. 1349. 

A county or city board of school examiners may not legally 
issue certificates for a particular branch of study not enumerated 
in the sections of law respectively relating to such boards. 

A county or city board of school examiners may not legally 
issue certificates for a particular branch of study not enumerated 
in the law but which is considered by the examining and issuing 
board to logically be an extension of or logically related to, a branch 
or branches of study already enumerated in the law. 

^ A board of education cannot legally pay a teacher for instruct- 
ing in a branch of study not enumerated in the law. 

A person who holds no certificate cannot be legally paid by a 
board of education for teaching in schools of the district over which 
the board has jurisdiction. Op. Atty. Gen. (1919), p. 946. 

Section 7821- i. Five-year and eight-year certificates 
shall be renewed by the superintendent of public instruction fy"^^^j °f j^^ 
upon proof of the successful teaching of the holders thereof. yJJr^Jertffi? 
Each application for renewal shall be accompanied by a ^^*^^* 
fee of fifty cents. Such renewals shall be of state-wide 
validity. 

Five-year and eight-year certificates that were per- 
mitted to expire without application for renewal at the 
time of such expiration may be renewed by the superin- 
tendent of public instruction upon proof that the holders 
thereof have taught successfully for five years. 

HISTORY.— 104 V. 100 (104); 109 v. 189. 

See Opinions of Attorney General (1920), p. 567, cited under 
Sec. 7807-3. 

29 s. L, 



450 



STATE, COUNTY AND CITY EXAMINERS 



Two-year, 
three-year 
and special 
certificates; 
renewals. 



Section 7821-2. Two-year and three-year primary, 
special, elementary and high school certificates which are 
re-renewals of certificates granted prior to May 17, 1914, 
may be renewed an indefinite number of times by local 
boards of examiners upon proof that the holders continue to 
teach successfully. 

history.— 104 V. 100 (lOi); 109 v. 189. 

See opinions of Attorney General (1919), p. 947, cited under 
Sec. 7821. 



Renewal by 
superintendent 
of two and 
three-year 
certificates. 



Section 7821-3. A two-year or three-year certificate 
which is a renewal of a certificate issued prior to September 
I, 1914, may be renewed as a five-year certificate by the 
superintendent of public instruction if the holder has taught 
eight years, provided the holder is proved successful and 
progressive to the satisfaction of the superintendent of 
public instruction. Each application for such renewal ac- 
companied by a fee of fifty cents shall be filed in the office 
of superintendent of public instruction. 

HISTORY.— 109 V. 190. 



Qualifications 
required for 
elementary 
certificates. 



Section 7822. Applicants for a one-year or a three- 
year elementary certificate shall possess an amount of pro- 
fessional training, consisting of class room instruction in an 
institution recognized by the state superintendent of public 
instruction for the training of teachers, not less than the 
following: After January i, 1920, not less than thirty 
weeks of such instruction; after January i, 1921, not less 
than one year of such class room instruction, in a recog- 
nized school for the training of teachers, provided, how- 
ever, that applicants who have had, prior to January i, 
1920, eight years of successful teaching experience shall 
be eligible to examination and certification as though pos- 
sessing professional training as required above in this sec- 
tion, and high -school training as required in section 7823, 
General Code and provided further, that in the cases of 
applicants who have credit for at least one full academic 
year of work in an institution of learning recognized by 
the state superintendent of public instruction as being of 
university or college rank, such credit shall, until January 
I, 1924, be accepted in lieu of the required professional 
training. 

HISTORY.— R. S. § 4073; 70 v. 195, § 92; 79 v. 83; 81 v. 55; 85 v. 331; 
92 V 121; 93 v. 11-5; 97 v. 371; 99 v. 350; 104 v. 100 (104); 106 v. 3i0; 107 v. 
621 (626); 108 v. Pt. II 1274. 

The effect of the provision of the first part of section 7822, 
G. C, is to extend the authority of and impose the duty on a 
county board of school examiners to examine an applicant with- 
out previous professional training and without any teaching ex- 
perience, and if said applicant complies with all the rules and 
regulations of said board applicable to applicants for a one-year 
certificate, and if upon investigation said board finds that said 
applicant is not less than eighteen years of age and is of good 
moral character and upon such examination in the subjects pre- 
scribed by section 7830, G. C, to be taught in any elementary 
school supported wholly or in part by the state in any village or 
rural school district, said applicant makes the necessary grades re- 



STATE, COUNTY AND CITY EXAMINERS 45 1 

quired by said examining board for the issuance of a one-year cer- 
tificate, it becomes the duty of said board of school examiners to 
issue a one-year certificate to such applicant in compliance with the 
requirements of the statutes governing the issuance of such cer- 
tificate. Op. Atty. Gen. (1916), p. 561. 

Sec. 7823. On and after January i, 1920, applicants Qualifications 
for a one-year or a three-year high school or special cer- h^^U'^^hoor 
tificate shall possess qualifications in professional training of certificates, 
not less than one year of class room instruction in an 
institution recognized by the state superintendent of public 
instruction for the training of teachers, provided, however, 
that teachers who prior to January i, 1920, have had eight 
years of successful high school teaching experience or five 
years of successful experience in supervision shall be eligible 
to examination and certification as though possessing pro- 
fessional training as required above in this section, and 
high school training as required in section 7823-1, General 
Code, and provided further, that in the cases of appHcants 
who have credit for at least two full academic years of 
work in an institution of Jearning recognized by the state 
superintendent of public instruction as being of university 
or college rank, such credit shall, until January i, 1924, 
be accepted in lieu of the required professional training. 

HISTORY.— R. S. § 4073; 70 v. 195, § 92; 79 v. 83; 81 v. 55; 85 v. 831; 
92 V. 121; 93 v. 115; 97 v. 371; 99 v. 350; 101 v. 305; 102 v. 49; 104 v. 100 (105); 
108 V. Pt. II 1274 (1275). 

See Opinions of Attorney General (1919), p. 569, cited under 
Sec. 7822. 

Section 7823-1. Applicants for high school and spe- Qualifications 

cial certificates, except certificates to teach in classes sup- for^EFgh*"*^ 

ported with federal aid under the supervision of the state school and 

board of education, shall hold certificates of graduation certificates, 
from a first grade high school or the equivalent, in addi- 
tion to the training required in section 7823, General Code. 

HISTORY.— 104 V. 100 (105); 109 v. 190. (The legislature attempted to 
repeal this section in 108 v. Pt. II 1274, hut the repealing clause of the act 
does not contain "-he section number.) 

See Opinions of Attorney General (1919), p. 569, cited under 
Sec. 7822. 

Section 'j%2y2. Applicants for certificates to teach Qualifications 
vocational agriculture, home economics, specific industrial f."^ examina- 

,• ^ ^ • 1 ^ ' ^ S . . tion of teach- 

vocational subjects, or other subjects taught m classes sup- ers to give 
ported with federal aid and under the supervision of the Suction, 
state board of education, must possess such qualifications, 
certified to the board of examiners by the superintendent 
of public instruction and must pass such examination, as 
may be determined by the superintendent of public in- 
struction with the approval of the state board of education. 

HISTORY.— lOS V. Pt. I 622. 

Section 7823-3. The amount of training completed Training de- 

by a prospective applicant for a teacher's certificate shall ^^"^rrnt^end- 

be determined by the superintendent of public instruction ent;_ issue of 

after an inspection of the credits held by the prospective ^^^t^^^^^^^- 



4S2 



STATE, COUNTY AND CITY £XAMIN£RS 



When certifi- 
cates may be 
issued with- 
out formal 
examination. 



applicant. He shall issue certificates of professional train- 
ing which shall state the total number of multiples of six- 
weeks' training completed by the prospective applicant. 
The superintendent of public instruction shall have power 
equitably to estimate extension or other credits not regularly 
earned by full attendance at an institution but which might 
apply on courses in approved institutions for training teach- 
ers and include them in the training which is certified. 
These certificates issued by the superintendent of public 
instruction shall be required by boards of examiners as 
evidence of the training required by law. 

HISTORY.— 108 V. Pt. I 683 (684). 

Section 7824. Boards of school examiners at their 
discretion may issue certificates without formal examina- 
tions to holders of certificates granted by other county and 
city boards of school examiners in Ohio, and, with the ap- 
proval in each case of the superintendent of public instruc- 
tion, to holders of certificates granted by certificating au- 
thorities in other states. Such certificates may be renewed 
under regulations provided by the superintendent of public 
instruction. 

HISTORY.— R. S. § 4073; 70 v. 195, § 92; 79 v. 83; 81 v. 55; 85 v. 331; 
92 V. 121; 93 v. 115; 97 v. 371; 99 v. 350; 108 v. Pt. I 683 (684). 

Boards of school examiners at their discretion may issue cer- 
tificates, without formal examinations, to holders of certificates 
granted by other county and city boards of school examiners in 
Ohio. 

Boards of school examiners at their discretion may issue cer- 
tificates, without formal examination, to holders of certificates 
granted by certificating authorities In other states, only upon the 
approval in each case of the superintendent of public instruction, 
who also has authority to make regulations for the renewal of such 
certificate. 

A board of education Is not permitted to pay a teacher unless 
such teacher holds a certificate valid in the jurisdiction where such 
teaching is performed. Certificates issued by a board of city 
school examiners are valid In that city school district. Certificates 
issued by county school examiners are valid In the county school 
district, Including the villages of such county school district. Cer- 
tificates Issued by the superintendent of public instruction are valid 
in all school districts In the state. 

A county board of school examiners may at its discretion 
recognize the certificates of a city board of school examlnors in 
Ohio and similarly a city board of school examiners may 
recognize the examinations and certificates of a county board of 
school examiners In Ohio, and such recognition may be to one 
or more certain branches. Op. Atty. Gen. (1919), p. 849. 

See Opinions of Attorney General as follows: 

(1913), p. 1341, cited under Sec. 7816. 

(1917), p. 1349, cited under Sec. 7821. 



Additional 
test to writ- 
ten examina- 
tion. When 
and by whom 
made. 



Section 7825. Every applicant for a teacher's certifi- 
cate shall be required to take in addition to the written ex- 
amination, to test academic and professional knowledge, a 
practical test in actual teaching. Such test shall be made 
at any time during the preceding year or before the appli- 
cant receives his certificate, by a member of the board of 
examiners, a local supervisor, a teacher of method or any 



STATE, COUNTY AND CITY EXAMINERS 



453 



other competent person authorized by the county board of 
school examiners to make such test. Applicants without 
previous teaching experience may be given such class room 
test in the practice department of any recognized summer 
school. The test shall include three subjects of instruction 
unless the applicant desires a special certificate in which 
case three separate tests shall be given in the desired sub- 
ject. Each applicant shall make a satisfactory showing in 
both written and practical tests. The superintendent of 
public instruction shall prescribe the forms for such ex- 
amination. 

HISTORY.— R. S. § 4073; 70 v. 195, § 92; 79 v. 83; 81 v. 55; 85 v. 331; 
92 V. 121; 93 v. 115; 97 v. 371; 99 v. 350; 104 v. 100 (105). 

See opinions of Attorney General (1913), p. 1341, cited under 
Sec. 7816. 

Section 7826. Between regular examinations boards 
of examiners under such conditions as may from time to 
time be prescribed by the superintendent of public instruc- 
tion may issue temporary certificates which shall be valid 
only until the next regular examination held by such boards 
after the issue of such certificate, and at any regular exam- 
ination such board, upon proper application being made, 
subject to the same rules and laws as apply to the granting 
of regular certificates, may issue temporary certificates valid 
from the date of issue to the first day of September follow- 
ing. 



Temporary 
certificates 
may be issued 
when. 



HISTORY.— R. S. 
92 V. 121; 93 v. 115; 97 v 



4073; 
ri; 9£ 



70 V. 195, § 92; 79 v. 83; 81 v. 55; 85 v. 331; 
V. 35$; 102 V. 418; 108 v. Pt. I 683 (684). 



See opinions of Attorney General as follows : 
(1919), p. 187, cited under Sec. 7830. 
(1919), p. 569, cited under Sec. 7822. 

Section 7827. No certificate shall be issued to any Minimum 
person who is less than eighteen years of age. If at any time ^s^ limit, 
the recipient of a certificate be found intemperate, immoral, 
incompetent or negligent, the examiners, or any two of 
them, may revoke the certificate ; but such revocation shall 
not prevent a teacher from receiving pay for services pre- 
viously rendered. Before any hearing is had by a board 
of examiners on the question of the revocation of a teach- 
er's certificate, the charges against the teacher must be re- 
duced to writing and placed upon the records of the board. 
He shall be notified in writing as to the nature of the 
charges and the time set for the hearing, such notice to be 
served personally or at his residence; and be entitled to 
produce witnesses and defend himself. The examining 
board may send for witnesses and examine them on oath 
or affirmation which may be administered by any member 
of the board touching the matter under investigation. 

HISTORY.— R. S. § 4073; 70 v. 195, § 92; 79 v. 83; 81 v. 55; 85 v. 331; 
92 V. 121; 93 v. 115; 97 v. 371; 99 v. 350. 

The county superintendent and the district superintendent, as 
members of the county board of school examiners, are each allowed 
the sum of $3.00 per day for services performed while conducting 
investigation required by section 7827 G. C, and the words, "other 



454 



STATE, COUNTY AND CITY EXAMINERS 



Fees for 
examiners 
conducting 
investigation. 



Kinds of cer 
tificates 
by local 
boards. 



expenses of such trial" mean the expenses of the trial other than said 
per diem fees and expenses of such superintendents. Op. Atty. 
Gen. (1917), p. 104. 

The county board of school examiners have no authority to 
issue subpoenas and compel attendance of witnesses upon a hearing 
held pursuant to the provisions of section 7827 G. C. 

Witnesses sent for by the county board of school examiners 
may be allowed and paid such reasonable fees for their attendance 
upon such hearing as the examiners may determine, not in excess 
of the witness fees and mileage allowed by law in ordinary cases, 
under the provisions of section 7828 G. C. 

The county board of school examiners may certify to the 
county auditor for payment the necessary expense of sending for 
witnesses as authorized by section 7827 G. C., and such necessary 
expense may be paid pursuant to the provisions of section 7828 
G. C. 

The county board of school examiners may, under the pro- 
visions of section 7827 G. C., revoke a five-year certificate heretofore 
issued and still in force. Op. Atty. Gen. (1916), p. 1728. 

Under existing law the superintendent of public instruction is 
without authority to consider cases involving the revocation of 
teachers' certificates, the sole reference to the same occurring in 
section 7827 G. C, wherein the board of county school examiners 
is authorized to conduct a hearing upon the question of revocation 
of Ae certificate of a person who is "the recipient of a certificate. 

Under the provisions of 7847 G. C. the authority given to a 
board of coufity school examiners for the revocation of teachers' 
certificates, as set forth in 7827 G. C., is vested in a city school 
district in the board of city school examiners. Op. Att. Gen. No. 
3225, June 16, 1922. 

Section ^828. The fees and the per diem of examiners 
for conducting such investigation at three dollars a day 
each and other expenses of such trial shall be certified to 
the county auditor by the clerk and president of the exam- 
ining board and be paid out of the county treasury upon 
the order of the auditor. 

history.— R. S. § 4073; 70 v. 195, § 92; 79 v. 83; 81 v. 55; 85 v. 331; 
92 V. 121; 93 v. 115; 97 v. 371; 99 v. 350. 

See Opinions of Attorney General as follows: 
(1916), p. 1728, cited under Sec. 7827. 
(1917), P.-404, cited under Sec. 7827. 

Section 7829. Three kinds of teachers' certificates 
sued Qniy shall be issued by local boards of examiners, v^^hich 
shall be styled respectively "teacher's elementary school cer- 
tificate" valid to teach all branches in elementary schools 
including elementary branches in junior high schools and 
branches provided by authority of section 7648, General 
Code, and for elementary supervisors ; "teacher's high school 
certificate" valid to teach all branches in recognized high 
schools and junior high schools and for superintendents, 
county normal directors and city normal school teachers, 
not including such assistants as are model school critic 
teachers or special teachers; and "teacher's special cer- 
tificate" valid in schools of all grades, but only for the 
branches of study named therein. 



HISTORY.— R. S. §4074; 71 v. 107; 
V. 36; 97 v. 372; 109 v. 190. 



79 V. 70; 85 v. 



85 V. 



See Opinions of Attorney General as follows : 
(1917), p. 1349, cited under Sec. 7821. 
(1919), p. 947, cited under Sec. 7821. 



to 
teach. 



STATE, COUNTY AND CITY EXAMINERS 455 

Section 7830. No person shall be employed or enter Elementary 
upon the performance of his duties as teacher in any ele- bSiches^' 
mentary school supported wholly or in part by the state in qualified 
any school district who has not obtained from a certificating 
authority having legal jurisdiction a certificate of good 
moral character; that he is qualified to teach orthography, 
reading, writing, arithmetic, English grammar and compo- 
sition, geography, history of the United States, physiology, 
including narcotics, literature, and elementary agriculture, 
and that he possesses an adequate knowledge of the prin- 
ciples of teaching; except as provided in sections 7807-9, 
7807-10, 7807-6, 7852 and 7831 -I. 

history.— R. S. § 4074; 71 v. 107, § 93; 79 v. 70; 85 v. 93; 86 v. 331; 
92 V. 36; 97 v. 372; 102 v. 129; 104 v. 100 (106); 108 v. Pt. I 683 (685). 

Under this section a contract for the employment of a person 
as teacher who has not obtained a teachers' certificate is not invalid 
if such certificate is obtained before such person enters upon the 
performance of the duties of his employment: School District v. 
Dilman, 22 O. S. 194. 

If more than one teacher is employed in a school, the 
employment of one as teacher or superintendent is not rendered 
invalid by the fact that his certificate does not include all the 
branches which are taught in such school, but in the absence of evi- 
dence showing that he is employed to teach the branches not 
included in his certificate, it will be presumed that he teaches only 
the branches included in his certificate : State, ex rel., v. Moser, 
12 O. C. 247, 4 O. C D. 557. 

A board of education having made a contract with a person 
to teach a school in its district, is without authority to pay such 
person for any time not covered by a proper certificate issued 
under the requirements demanded in the statutes. Op. Atty. Gen. 
(1919), p. 1348. 

Where a teacher is allowed to teach with the certificate de- 
manded by statute, with and under full knowledge of the board of 
education, as well as the clerk of the board, the members of the 
board of education participating in such illegal act, the clerk of such 
board and the person receiving misappropriated funds under such 
illegal employment, are liable for any compensation paid from 
school funds to such person without certificate. Op. Atty. Gen. 
(1919), p. 187. 

See Opinions of Attorney General as follows : 
(1917), p. 1349, cited under Sec. 7821. 
(1916), p. 561, cited under Sec. 7822. 
(1919), p. 187, cited under Sec. 7786. 
(1919), p. 947, cited under Sec. 7821. 
(1920), p. 888, cited under Sec. 7691. 

Section 7831. No person shall be employed or enter High school 
upon the performance of his duties as a teacher in any rec- certificate. 
ognized high school supported wholly or in part by the 
state, except as provided for teachers in classes supported 
with federal aid under the supervision of the state board 
of education, in any school district or act as superintendent 
of schools in such district, who has not obtained from a cer- 
tificating authority having legal jurisdiction a certificate of 
good moral character and such knowledge of subject mat- 
ter and abihty to teach as may be necessary for the per- 
formance of his duties; and no such certificate shall be 



456 



STATE, COUNTY AND CITY EXAMINERS 



issued by such authority except on the specific conditions 
provided by the statutes. 

HISTORY.— R. S. § 4074; 71 v. 107, § 93; 79 v. 70; 85 v. 93; 85 v. 331: 
92 V. 36; 97 v, 372; 102 v. 129; 104 v. ICO (106); 108 v. Pt. I 683 (685). 

See Opinions of Attorney General as follows : 
(1916), p. 1880, cited under Sec. 7786. 
(1919), p. 947, cited under Sec. 7821. 
(1919), p. 849, cited under Sec. 7824. 
(1920), p. 888, cited under .Sec. 7691. 

Teacher must SECTION 783 i-i. No pcrson shall be employed or enter 

have certificate ,1 r j:i-i.l- .ir 1 

of character upon the performance of his duties as teacher of a class 
catloSr^'^' supported with federal aid under the supervision of the 
state board of education in any school district who has not 
obtained from a certificating authority having legal juris- 
diction a certificate certifying to his good moral character 
and to the qualifications to teach such class which may be 
prescribed by the superintendent of public instruction with 
the approval of the state board of education. 



Branches in 
which appli- 
cant for high 
school certifi- 
cate ex- 
amined. 



HISTORY.— 108 V. Pt. I 622. 

Section'-783I-2. Every applicant for high school cer- 
ticate by examination shall l)e examined in English and in 
the principles of teaching and in addition in five branches 
selected from the following: literature, general history, 
modern history, algebra, physics, physiology, Latin, French, 
Spanish, civics, geometry, physical geography, botany, 
chemistry, high school agriculture, economics, sociology, 
manual training, home economics. 

HISTORY.— 108 V. Pt. I 683 (685). 



Teacher's spec- 
ial certificate. 



Section 7832. No person shall be employed and enter 
upon the performance of his duties as a special teacher of 
music, drawing, painting, penmanship, gymnastics, German, 
French, Spanish, the commercial and industrial branches, 
or any one of them, in any elementary or high school sup- 
ported wholly or in part by the state in any city, village, or 
rural school district, who has not obtained from a board of 
examiners having legal jurisdiction a certificate of good 
moral character that he or she is qualified to teach the 
special branch or branches of study, and, in addition thereto, 
possesses an adequate knowledge of the theory and practice 
of teaching. 



HISTORY.— R. S. § 4074; 71 v. 107, § 93; 
V. 36; 97 v. 372; 102 v. 439; 104 v. 100 (1C6). 
See G. C. §§ 7786 and 7849. 



70; 85 V. 93; 85 v. 331; 



See Opinions of Attorney General (1920), p. 888, cited under 
Sec. 7691. 



Teacher's 

emergency 

certificate. 



Section 7832-1. A "teacher's emergency certificate" 
which shall be valid for one year in any village or rural 
school district in the county may be granted by the county 
board of school examiners with the approval of the super- 
intendent of pubhc instruction to applicants who have had 
one year's experience teaching in the public schools when- 



STATE, COUNTY AND CITY EXAMINERS 



457 



ever for any reason there is a shortage of teachers in such 
district. 

HISTORY.— 102 V. 439; 104 v. 100 (106). 

See Opinions of Attorney General as follows : 
(1919), p. 569, cited under Sec. 7822. 
(1919), p. 947, cited under Sec. 7821. 

Section 7832-2. The county board of school exam- 
iners shall grant elementary certificates valid for one year 
to graduates of first grade high schools or those with equiv- 
alent preparation as determined by the superintendent of 
public instruction, who have completed in addition a one 
year normal course approved by the superintendent of pub- 
lic instruction. Such certificates may be renewed twice for 
one year and three times for three years. 

HISTORY.— 104 V. 100 (107); 108 v. Pt I 683 (685). 

See Opinions of Attorney General (1919), p. 569, cited under 
Sec. 7822. 

Section 7832-3. The county board of school examin- 
ers prior to January i, 1924, may grant one year elementary 
certificates to applicants who have completed a one year 
normal course approved by the superintendent of public 
instruction, provided, after January i, 1921, that such appli- 
cants have completed two years of high school credit or the 
equivalent as determined by the superintendent of public 
instruction. Such certificates may be renewed twice for 
one year and three times for three years. 

HISTORY.— 104 V. 100 (107); 108 v. Pt I 683 (685). 

See Opinions of Attorney General (1919), p. 569, cited under 
Sec. 7822. 



To whom one 
year ele- 
mentary cer- 
tificates 
granted. 



To whom 
one j'^ear ele- 
mentary cer- 
tificates 
granted. 



Section 7833. But no person holding a common school 
life certificate issued by the board of state examiners shall 
be required to have any other certificate to teach in the ele- 
mentary schools of the state, nor be required by any board 
to be examined in any of the branches covered by such cer- 
tificate in order to be granted the teachers' high school cer- 
tificate authorized herein. 



Recognition 
of state 
certificates. 



HISTORY.— R. S. § 4074; 71 v. 107, § 
V. 36; 97 v. 372. 



79 V. 70; 



V. 93: 85 v. 331; 



Section 7834. Each member of the county board of 
school examiners, except the clerk thereof shall receive ten 
dollars for each examination of fifty applicants or less, four- 
teen dollars for each examination of more than fifty appli- 
cants and less than one hundred, eighteen dollars for each 
examination of one hundred applicants and less than one 
hundred and fifty, twenty-two dollars for each examination 
of one hundred and fifty applicants and less than two hun- 
dred, and four dollars for each additional fifty apphcants, 
or fraction thereof, to be paid out of the county treasury 
on the order of the county auditor. Books, blanks and 



Compensation 
of examiners. 



458 



STATE^ COUNTY AND CITY EXAMINERS 



Expenses of 
board. 



stationery required by the board of examiners shall be fur- 
nished by the county board of , education. 

HISTORY.— R. S. § 4075; 70 v. 241, § 95; 83 v. 40; 92 v. 216; 97 v. 373; 
99 V. 240; 1(H v. 100 (107). 

Where an examination for the granting of a teachers' cer- 
tificate is not held on the date advertised, school examiners who 
attend such meeting and issue temporary certificates are not entitled 
to any compensation therefor. Op. Atty. Gen. (1914), p. 642. 

Section 7835. Such board may contract for the use 
of suitable rooms in which to conduct examinations, may 
procure fuel and light, and employ janitors, to take charge 
of the rooms and keep them in order. Expenses so in- 
curred, shall be paid out of the county treasury on orders 
of the county auditor, who shall issue them upon the cer- 
tificate of the president of the board, countersigned by the 
clerk. 

HISTORY.— R. S. § 4075; 70 v. 241, § 95; 83 v. 40; 92 v. 216; 97 v. 373; 
99 V. 240; 104 v. 100 (107). 

See Opinions of Attorney General (1915), p. 727, cited under 
Sec. 7817. 



Annual report Section 7836. On or bcforc the first day of Septem- 

of clerk; bond. ^^^ '^^ ^^^-^ year, the clerk of such board shall prepare, and 
forward to the superintendent of public instruction, a state- 
ment of the number of examinations held by the board, the 
number of applicants examined, the total number of cer- 
tificates granted, and the number for each term mentioned 
in this chapter, the amount of fees received and paid to the 
county treasurer, the amounts received from the county 
treasury by the members of the board for their services, 
with such other statistics and information in relation to the 
duties of the board as such superintendent requires. He 
shall also deposit with the county auditor a bond, with 
surety to be approved by the auditor, in the sum of three 
hundred dollars, that he will pay into the county treasury, 
monthly, the examination fees received by the board, and 
make the statistical returns required by this chapter. 

history.— R, S. « 4076; 70 v. 241, § 95; 85 v. 195; 97 v. 373; 104 v. 
100 (107). 



No additional 
compensation 
as clerk. 



Section 7837. The county superintendent shall receive 
no additional compensation for his services as clerk of the 
county board of school examiners. 

R. S. § 4070; 70 v, 241, § 95; 85 v. 195; 92 v. 215; 97 v. 370; 



HISTORY 
104 V. 100 (108). 



A county superintendent of schools may sit as a juryman 
in the common pleas court and is entitled to his jury fees in 
addition to his compensation as such county superintendent. Op. 
Atty. Gen. (1917), p. 377. 



CITY BOARD OF EXAMINERS. 

City board of Section 7838. There shall be a city board of school 

school exam- examiucrs for each city school district. Such board shall 

ment,' tirm?'" ' cousist of the city Superintendent of schools and two other 

competent teachers serving full time in the day schools of 



STATEj COUNTY AND CITY EXAMINERS 



459 



such city to be appointed by the city board of education. 
The term of office of such examiners shall be two years 
each, one to be appointed each year; and shall expire on 
the thirty-first day of August. 



mSTORY.-R. S. § 4077; 70 v. 195, § 97; 71 v. 107, § 
V, 280; 95 v. 456; 97 v. 374; 104 v. 100 (108). 



85 V. 



A member of a board of school examirxcrs who accepts such 
appointment for four consecutive terms, knowing that no provision 
has been made for compensation, and who has not in any way- 
been prevented from resorting to a writ of mandamus to compel 
the board to provide compensation, will be regarded, by reason of 
his failure to institute proceedings in mandamus, as having waived 
all right to compensation for any period prior to six years before 
the time that the suit is brought : State, ex rel., v. Board of 
Education, 4 O". C. C. 97, 2 O. C. D. 441. 

A teacher in the city schools who is assigned to the position 
of director of reference and research in which capacity all the 
work he does is in connection with the educational department, may 
continue to serve as a member of the city board of examiners. 
Op. Atty. Gen. (1917), p. 131. 

See Opinions of Attorney General as follows : 

No. 2054, (1921), cited under Sec. 4761. 

(1919), p. 947, cited under Sec. 7821. 

Section 7838-1. The board of education of an ex- Board of 
empted village school district may by resolution provide for ^i^^ers^^^ 
a board of school examiners. Such board shall consist of be provided 
the superintendent of schools of the district and two other s?hoof"d?s-^ 
competent teachers serving full time in the day schools of Skabil^^^ ^^' 
such district, to be appointed by the board of education of 
the district. The term of office of such examiners shall be 
two years each, one to be appointed each year; and shall 
expire on the thirty-first day of August. All sections of the 
General Code that confer authority upon a city board of 
examiners shall apply to the board of school examiners 
for au' exempted village school district. Teachers employed 
in an exempted village school district in which no board of 
school examiners has been provided for by the board of 
education shall be examined by the county board of school 
examiners of the county in which the district is located. 

HISTORY.— 109 V. 554. 

See Opinions of Attorney General No. 2234, (1921), cited under 
Sec. 7691. 



Section 7839. The board of education may revoke -^^^^^^i and 
any appointment upon satisfactory proof that the appointee vacancies, 
is inefficient, intemperate, negligent, or guilty of immoral 
conduct. When a vacancy occurs in the board, whether 
from expiration of term of office, refusal to serve, or other 
cause, the board shall fill it by appointment for the full or 
unexpired term, as the case demands. Within ten days after 
an appointment* the clerk of the board shall report to the 
superintendent of public instruction the name of the ap- 
pointee, and whether the appointment is for a full or an 
unexpired term. 



HISTORY.-R. S. § 4077; 70 v. 195, § 
►; 95 V. 456; 97 v. 374; 104 v. 100 (108). 



?7; 71 V. 107, § 96; 85 v. 332; 



46o 



STATE^ COUNTY AND CITY EXAMINERS 



Standard of 
qualification 
prior to and 
after year 
1924. 



Special 
examiners. 



Organization 
of board; 
duties of 
ofHcers; 
clerk's bond. 



Section 7840. Each city board of school examiners 
shall prior to the year 1924 determine the standard of qual- 
ifications necessary for admission of applicants to exam- 
ination to receive certificates, excepting appHcants for cer- 
tificates to teach in classes supported with federal aid under 
the supervision of the state board of education; after. Jan- 
uary I, 1924, the qualifications shall be equivalent to and 
determined in like manner as those prescribed for appli- 
cants for county certificates. 



HISTORY.— R. S. § 4078; 71 v. 107, 
Pt. I 683 (686). 



i; 85 V. 832; 97 v. 374; 108 v. 



See Opinions of Attorney General (1920), p. 888, cited under 
Sec. 7691. 

Section 7841. To secure a thorough examination of 
appHcants in difficult branches, or special studies, the board 
may secure the temporary assistance of persons of sufficient 
knowledge in such branches or studies, who must promise 
on oath or affirmation, to be administered by the clerk of 
the board of examiners, to performi the duties of examiner 
faithfully and impartially. Superintendents of schools 
shall give to the board all necessary information in refer- 
ence to branches and special studies to be taught, and the 
branches of study and grades of school which teachers will 
be required to teach. 

HISTORY.— R. S. § 4078; 71 v. 107, § 96; 85 v. 332; 97 v. 374. 

See Opinions of Attorney General (1919), p. 947, cited under 
Sec. 7821. 

Section 7842. Each city board of school examiners 
must organize during the month of September each year by 
choosing from its members a president, vice-president, and 
clerk. The president shall preside at all. meeting of the 
board, and in his absence the vice-president shall preside. 
The clerk shall perform all the duties required in this chap- 
ter of the clerk of the board of county school examiners 
in so far as such duties apply. He also must give bond, in 
the sum of three hundred dollars with surety to be ap- 
proved by the board of education, conditioned that he will 
perform faithfully the duties required of him by this chap- 
ter, which bond shall be deposited with the clerk of such 
board. 

HISTORY.— R. S. § 4079; 70 v. 195, § 98; 97 v. 375. 



Meetings for 
examination; 
notice. 



Section 7843. Each board of pity school examiners 
shall hold not less than two meetings each year, notice of 
which must be published in some newspaper of general cir- 
culation in the district. All examinations of applicants 
shall be conducted at the meetings of the boards thus called. 
The examination of every applicant must be in the presence 
of at least two members of the board. 



HISTORY.— R. S. § 4080; 85 v. 332; 97 v. 375. 



STATE. COUNTY AND CITY EXAMINERS 



461 



Section 7844. Each city board of school examiners certificates 
may grant teachers' certificates for one year and three fhree"^ears'^ 
years from the first day of September following examina- 
tion, which shall be valid within the district wherein they 
are issued. But certificates granted for one year or three 
years must be regarded as provisional certificates and shall 
be renewed only twice each. 

history.— R. S. § 4081; 70 v. 195, § 100; 72 V. 114, § 99; 77 v. 8; 

78 V. 87; 85 v. 333; 97 v, 375; 99 v. 352; 104 v. 100 (108). 

See Opinions of Attorney General (1919), p. 947, cited under 
Sec. 7821. 

Section 7845. All five-year and eight-year certificates Certificates 
now granted shall continue in force until the end of their dght^^ea?^'^ 
terms and shall be renewed by the superintendent of public renewals, 
instruction upon proof that the holders thereof have taught 
successfully until the time of each renewal. Each applica- 
tion for renewal shall be accompanied by a fee of fifty 
cents and shall be filed in the office of the superintendent 
of public instruction. 

HISTORY.— R. S. § 40S1; 70 v. 195, § lOO; 72 V. 114, § 99; 77 v. 6; 
78 V. 87; 85 v. 333; 97 v. 375; 99 v. 352; 104 v. 100 (108). 

Under the provisions of section 7845, and 7846, General Code, 
as amended 104 O. L., 108, the certificates covered by said sections 
may be renewed more than twice for the reason that there is no 
limitation in said sections as to the number of times such cer- 
tificates may be renewed. Op. Atty. Gen. (1914), p. 1295. 

See Opinions of Attorney General as follows: 

(1919), p. 947, cited under Sec. 7821. 

(1920), p. 567, cited under Sec. 7807-3. 

Section 7846. All two-year and three-year primary, Renewal of 
elementary and high school certificates now granted shall two and 
continue in force until the end of their terms- and may be certfficaS 
renewed by the city boards of examiners on proof of five 
years successful teaching experience. 

HISTORY.— R. S. § 4081; 70 v. 195, § 100; 72 v. 114, § 99; 77 v. 6; 
78 V. 87; 85 v. 333; 97 v. 375; 99 v. 352; 101 v. 305; 10 2v. 49; 104 v. lOO. 

See Opinions of Attorney General as follows : 
(1914), p. 1295, cited under Sec. 7845. 
(1919), p. 947, cited under Sec. 7821. 

Section 7847. All provisions of preceding and follow- ^^ ^^^_^ 
ing sections pertaining to county school examiners and ap- law applies, 
plicants for county teachers' certificates shall apply also to 
city examiners and applicants for city teachers' certificates 
unless there are specific provisions of law applying to the 
latter. 

history.— R. S. § 4081; 70 v. 195, § Ix^; 72 v. 114, § 99; 77 v. 6; 78 
V. 87; 85 v. 333; 97 v. 375; 99 v. 352; 104 v 100 (108); 108 v. Pt. I 683 (686). 

See opinions of Attorney General (1919), p. 849, cited under 
Sec. 7824. 

Section 7847-1. City boards of examiners shall pro- Questions for 
vide the questions used in the respective city examinations examinations, 
but may arrange to use questions prepared for county ex- 
aminations as provided in section 7819, or questions pre- 
pared for city examinations under the directions of the 



462 



STATE^ COUNTY AND CITY EXAMINERS 



superintendent of public instruction for such dates as may 
be arranged. 

HISTORY.-IO8 V. Pt. I 683 (666). 

See Opinions of Attorney General (1919), p. 849, cited under 
Sec. 7824. 

Substitute for SECTION 7848. City and county boards of examiners 

mrli'S! *^^''^' ^t their discretion may substitute for the practical teaching 
test provided by section 7825 such an investigation of the 
teaching of the applicant as they deem best, and any mem- 
ber of the board of examiners may examine any school in 
the district when such examination is deemed necessary to 
ascertain a teacher's qualifications. 



Certificates by 
city and 
county boards 
to teach 
special classes 
for deaf, 
backward, etc. 



HISTORY.— 108 V. Pt. I 683 (686). This section is not analogous to 
P. & A. Code § 7848, which was R. S. § 4081; 70 v. 195, § 100; 72 v. 114, § 99; 
77 V. 6; 78 v. 87; 86 v. 333; 97 v. 375; 99 v. 352. P. & A. Code § 7848, which 
was R. S. § 4081; 70 v. 195, § 100; 72 v. 114, § 99; 77 v. 6; 78 v. 87; 85 v. 333; 
97 V. 375; 99 v. 352, was repealed in 104 v. 100 (109), § 2. 

See Opinions of Attorney General (1919), p. 849, cited under 
Sec. 7824. 

Section 7848-1. City and county boards of examiners 
may upon proper examination issue certificates valid to 
teach special classes for the deaf, feeble-minded, backward, 
and the like, but such applicants must have all necessary 
and legal qualifications for elementary teachers and in addi- 
tion such qualifications in such special studies as may be 
prescribed by the superintendent of public instruction. 

history.— Originally enacted as § 7862-1, 108 v. Pt. I 683 (686), thus 
having same number as 108 v. Pt. I 514; renumbered § 7852-la, until reenacted 
as above in 109 v. 141. 



Temporary 
certificates. 



Section 7849. Between regular examinations, city 
boards of school examiners, at their discretion, may issue 
temporary certificates, which shall be valid only until the 
next regular examination held by the board after the issue 
thereof. 



history.— R. S. § 4081; 70 v. 195, § 100; 72 v. 114, § 
V. 87; 85 v. 333; 97 v. 375; 99 v. 352. 



77 V. 6: 78 



Fees and per 
diem for city 
examiners. 



Discretion of 
city boards 
in branches. 



• Section 7851. The fees and per diem of city exam- 
iners for conducting such investigation as. provided in sec- 
tion 7827, General Code, at three dollars a day each, and 
other expenses of such trial shall be certified to the city 
auditor by the clerk and president of the examining board, 
and be paid out of the city treasury upon the order of the 
city auditor. 



history.— R. S. § 4081; 70 v. 195, § 100; 72 v. 114, § 
V. 87; 85 v. 333; 97 v. 375; 99 v. 352; 109 v. 190. 



77 V. 6; 78 



Section 7852. City boards of examiners at their dis- 
cretion may require teachers in elementary schools to be 
examined in drawing, music or physical training if such 
subjects are a part of the regular work of such teachers; 
they may also at their discretion relieve applicants for ele- 



STATE, COUNTY AND CITY EXAMINERS 



463 



mentary certificates from examination in agriculture or 
substitute general science or nature study therefor. 



HISTORY.— R. S. § 4082; 71 v. 107, § 
V. Pt. I 683 (686), 



97 V. 376; 108 v. Pt. I 514; 



See Opinions of Attorney General as follows : 
(1919), p. 947, cited under Sec. 7821. 
(1919), p. 849, cited under Sec. 7824. 

Section 7852-1. Any person now holding a certificate oath of 
and before a certificate is granted to any applicant to teach form-^'^where 
in any of the public schools of this state, such applicant or filed.' 
teachers shall subscribe to the following oath or afftrmation : 

"I solemnly swear, or affirm, that I will support the 
constitution of the United States, the constitution of the 
state of Ohio, and the laws enacted thereunder, and that I 
will teach, by precept and example, respect for the flag, 
reverence for law and order and undivided allegiance to the 
government of one country, the United States of America." 

Said oath or affirmation, duly signed, shall be filed in 
the office of the examiner issuing such certificate and a copy 
shall be given the applicant making such oath or affirma- 
tion. 

HISTORY.— IC8 V. Pt. I 514. The same General Code section number 
(§ 7852-1) was given by the legislature to 108 v. Pt. I 514 and to 108 v. Pt. I 
683 (686). Therefore 108 v. Pt. I 683 (686) was renumbered (§ 7852-la), until 
reenacted as § 7848-1. 

See opinions of Attorney General (1919), p. 849, cited under 
Sec. 7824. 

Section 7852-2. Every teacher in a private or paro- Teachers in 
chial school or in any academy, college, university or other ^"^^^^3°'' 
institution of learning in this state, shall, before entering school shall 
upon the discharge of his duties, take the same oath or 
affirmation of allegiance as that prescribed for public school 
teachers in section 7852-1. Such oath or affirmation shall be 
so taken and subscribed in writing before some officer au- 
thorized by the state to administer oaths, a copy of which 
writing shall be filed with the officer or board of authority 
in charge or control of such private or parochial school or 
such academy, college, university or other institution of 
learning. 

HISTORY.— 108 V. Pt. I 514 (515). 



Section 7852-3. Whoever being in control of any pub- Penalty for 
lie, private or parochial school, of any academy, college, f|3™e"g"fo 
university or other institution of learning, shall allow or enter up9n 
permit any teacher to enter upon the discharge of his duties out'Taidng^" 
or to give instruction therein unless such teacher shall have °^t^- 
taken and subscribed the oath or affirmation of allegiance 
as provided for in sections 7852-1 and 7852-2, shall be guilty 
of a misdemeanor and upon conviction thereof shall be 
fined in any sum not exceeding one hundred dollars. 

HISTORY.— 108 V. Pt. I 514 (515). 



464 



STATE^ COUNTY AND CITY EXAMINERS 



Compensation 
of members 
and clerk; 
incidental 
expenses. 



Duties of _ 
clerk of city 
board of 
school ex- 
aminers. 



Section 7853. Each city board of education shall fix 
the compensation of the members of the city board of 
school examiners, the additional compensation of the clerk, 
and the person or persons called to their assistance, furnish 
the necessary books, blanks and stationery for their use, 
designate a school building within the district in which they 
shall conduct examinations and cause such building to be 
lighted and heated if necessary. Such compensation, and 
the incidental expenses incurred on account of the board of 
examiners, shall be paid, by order of the board of educa- 
tion, from the contingent fund of the district. 



HISTORY.— R. S. i 40S3; 70 v. 195, 



85 V. 196; 97 v. 376. 



If a board of education has failed to comply substantially 
with an order of mandamus requiring it to fix the compensation 
for the board of examiners ; and, under a misapprehension as to the 
facts, it has fixed a compensation which is merely nominal and 
entirely inadequate, the court will on proper application require the 
board of education to reconsider its finding upon the basis of the 
facts as found to exist, and it will require a genuine and bona fide 
attempt to comply with such order : State, ex rel., v. Board of 
Education, 4 O. C. C. 93, 2 O. C. D. 438. 

See under Sec. 7838. 

A member of a board of examiners is not an officer within 
the meaning of" Art. II, § 20, of the Ohio constitution, which 
forbids a change in the compensation of officers during their term of 
office; and a board of education may change the compensation of 
examiners during their term of office, although such change cannot 
be made retroactive: State, ex rel., v. Board of Education, 21 
O. C. C. 785, 12 O. C. D. 333. 

Section 7854. The clerk of the city board of school 
examiners shall keep a record of its proceedings, and such 
statistics as the superintendent of public instruction re- 
quires, in the form and manner he requires, and report 
such statistics to him annually, on or before the first day 
of September. 



HISTORY.— R. S. § 4084; 70 v. 195, 
V. 35; 85 V. 30; 97 V. 376; 104 v. 100 (108). 



101; 72 V. 114, § 



78 V. 87; 



Disposition of 

examination 

fees. 



Section 7855. Such clerk shall pay the examination 
fees received by him to the treasurer of the district within 
ten days after each meeting, and at the same time file with 
the board of education a written statement of the amount, 
also a statement of the number of applicants, male and fe- 
male, examined, the number of certificates granted, and for 
what terms. 

HISTORY.— R. S. § 4084; 70 v. 195, § 101; 72 v. 114, § 99; 78 v. 87; 83 
V. 35; 85 V. 30; 97 v. 376; 104 v. 100 (108). 

See opinions of Attorney General (1914), p. 1062, cited under 
Sec. 7865. 



Consideration 
of applicants' 
answers; issue 
of certificates 
or notice of 
failure. 



Section 7856. All manuscripts filed as answers to 
questions propounded to any applicant appearing before any 
county or city board of school examiners, shall be promptly 
considered and passed upon by that board together with the 
results of oral tests, if any, and such other information as 
comes to it touching the fitness of any applicant for teach- 
ing in the public schools. The board shall promptly issue 



STATE, COUNTY AND CITY EXAMINERS 465 

all certificates granted to successful applicants and send 
notices of failure to those who fail in the examination, if 
such there be. 

IIISTORY.-R. S. § 4085; 97 v. 377. 

Section 7857. All manuscripts filed as answers to Manuscripts 
questions shall be kept on file for sixty days by the mem- oSii'^eo^days; 
bers of the examining board. If any applicant has cause review. 
to and does believe that he has been discriminated against 
and his manuscripts unfairly graded, he may review his 
manuscripts with the member or members of the board 
having them in charge at any time within sixty days after 
his returns from the examination. If after such inspection 
and review, he is still of the opinion that the board will 
not correct the error, if any, and issue his certificate, he may 
appeal his case to the superintendent of public instruction 
for final review. 

HISTORY.— R. S. § 4085; 97 v. 377; 104 v. 100 (109). 

Section 7858. Every appeal from the board of exam- How appeal 
iners shall be in the form of an affidavit setting forth the St?^ ^^^^"' 
facts as the applicant believes them and shall be accom- 
panied by a fee of one dollar to cover the expenses inci- 
dent to such appeal. Upon receipt of such affidavit and 
fee the superintendent of public instruction shall require the 
clerk of such board to procure and forward the manuscripts 
of such applicant, together with a full explanation of the 
reasons for the board's action. If upon examination of 
the manuscripts, and record the superintendent finds that 
the applicant was denied a certificate when one should have 
been granted him and has been discriminated against by 
the board, the superintendent shall order forthwith a cer- 
tificate to be issued of the date of the examination attended 
by the applicant, and he shall indicate the length of time 
such certificate shall be valid. If, upon inspection of the 
manuscript and reviewing the facts submitted, the super- 
intendent of public instruction concludes that no injustice 
has been done, he shall so notify the applicant and the 
clerk of the board of examiners. 

HISTORY.— R. S. § 4085; 97 v. 377; 104 v. 100 (109). 

See opinions of Attorney General (1917), p. 2432, cited under 
Sec. 7891. 



30 s. L. 



CHAPTER 24 
COUNTY AND CITY TEACHERS' INSTITUTES 



Section. 

7859. Organization of county teachers* in- 

stitutes. 

Election of officers; notice, expense. 

Report by county superintendent. 

County boards of education shall de- 
termine whether institute shall be 
held. 

When boards of education shall pay 
teacher who attended summer 
school. 

Teachers may dismiss school to at- 
tend institute. 



7860. 
7865. 



7868-1. 



Section. 
7870. 



7870-1. 



7871. 

7872. 
7873. 

7874. 



Teachers and superintendent to re- 
ceive regular pay while attending 
institute. 

Special provision for ' payment of 
teachers attending institute during 
year 1914. 

Institute for city districts. 

Expenses of, how provided for. 

When fund in city district to be 
paid into board of education fund. 

Length of session; report to superin- 
tendent. 



Organization 
of county 
teacliers* 
institutes. 



Section 7859. A teachers' institute may be organized 
in any county, by the association of not less than thirty 
practical teachers of the common schools residing therein, 
who must declare their intention in writing to attend such 
institute, the purpose of which shall be the improvement 
of such teachers in their profession. 

HISTORY.— R. S. § 4086; 70 v. 195, § 112; 84 v. 230; 92 v. 10; 95 v. 237. 

County boards of education are unauthorized to pay the ex- 
penses of teachers' meetings other than the annual teachers' insti- 
tute which must be held during one certain week. 

The grant of power in section 7872 G. C. that "the board 
of education of any district" may expend for instruction of teachers 
any sum not to exceed $500, is limited to city districts only. 

Monies illegally paid out by a county board of education 
can be recovered from the members voting such expenditure or from 
the persons receiving the same. Op. Atty. Gen. (1919), p. 464. 



Election of 
officers; notice, 
expense. 



Section 7860. The county teachers' institute, an- 
nually, shall elect by ballot, a president and a secretary. 
Such election of officers shall be held during the session 
of such institute and at a time fixed by the county board 
of education. At least three days' notice of the election 
shall be given the members of such institute by posting con- 
spicuously in the room, where the institute is held, a notice 
of the time and place of holding it, and of the officers to be 
voted for. The expenses of conducting such institute shall 
be paid out of the county board of education fund upon 
the ord^r of the president of the county board of education. 

HISTORY.— R. S. § 4086; 70 v. 195, § 112; 84 v. 230; 92 v. 10; 95 v. 237; 
104 v. 155 (156). 

Under 4747-3A the county board of education can pay the 
actual necessary expense of the annual educational meeting of the 
members of the boards of education in the county school unit, 
provided for in section 4747-1 G. C. Such expense may include 
printing, sending notice to members ^nd rental of place for meeting 
if such rental is absolutely necessary. 

(466) 



COUNTY AND CITY TEACHERS INSTITUTES 



467 



Under 4747-1 as amended in 108 O. L. 704 and effective 
after September, 1919, members of village and rural boards of edu- 
cation who attend the annual educational meeting may be paid $2.00 
by their local board for such attendance, upon filing proper cer- 
tificate with his local board. Op. Atty. Gen. (1919), p. 866. 

Section 7865. Within five days after the adjourn- Report by 
ment of the institute, the county superintendent shall report supenn- 
to the superintendent of public instruction the number of tendent. 
teachers in attendance, the names of instructors and lec- 
turers attending, the amount of money received and dis- 
bursed by the county board of education and such other 
information relating to the institute as the superintendent 
of public instruction requires. 

HISTORY.— R. S. § 4088; 70 v. 196, § 112; 85 v. 196; 95 v. 238; lOi v. 
155 (157). 

Section 7868. The teachers' institutes of each county county boards 
shall be under the supervision of the county boards of g^an^de^^^^" 
education. Such boards shall decide by formal resolution termine 
at any regular or special meeting held prior to February ist Ttitu^e^haii 
of each year v^hether a county institute shall be held in the ^^ ^^^^• 
county during the current year. 



history.— R. s. § 



70 V. 195, § 114; 104 v. 155 (157). 



See Opinions of Attorney General (1917), p. 912, cited under 
Sec. 7869. 



Section 7868-1. Each village and rural boards of when boards 

education in counties in which no county institute has been ghaif^^a^^^^" 

held in any year, shall pay ten dollars to each teacher teacher who 

employed by such board, who has attended for at least meri^hooi.""^' 
six weeks during such year, a recognized summer school 
for the training of teachers. 

HISTORY.-104 V. 155 (157). 

The recognized summer school for the training of teachers, 
mentioned in section 7868-1 G. C, can be located either in or outside 
of Ohio, but such summer school for teachers must be one that has 
been officially recognized as such by the superintendent of public 
instruction. 

Boards of education may pay for institute attendance that 
takes place in another county in this state, but such attendance 
must be certified by a county superintendent in Ohio. Op. Atty. 
Gen. (1919), p. 810. 

Section 7869. All teachers and superintendents of the Teachers may 
public schools within any county in which a county institute dismiss school 
is held while the schools are in session may dismiss their stitute. 
schools for the purpose of attending such institute. 

The county boards of education shall decide the length Time institutes 
of time county institutes may remain in session, in no case ™^^^/J™^'" 
for longer period than five days. At least one day of such 
session shall be under the immediate direction of the county 
superintendent who shall arrange the program for such day. 

HISTORY.— R. S. § 4091; 70 v. 195, § 117; 97 v. 377; 99 v. 461; 104 v. 
155 (157). 

The county board of education is authorized to order but one 
institute held in the county during any one year and such institute 



in session. 



4^8 COUNTY AND CITY TEACHERS' INSTITUTES 

must be held during some one certain week. If other institutes 
are held the expense thereof cannot be paid from the county board 
of education fund. Op. Atty. Gen. (1917), p. 912. 

Pay. for at- SECTION 7870. When a tcachers' institute has been 

sSutS^ '"' authorized by the county board of education the boards of 
of education of all school districts shall pay the teachers 
and superintendents of their respective districts their regu- 
lar salary for the week they attend the institute upon the 
teachers or superintendents presenting certificates of full 
regular daily attendance, signed by the county superintend- 
ent. If the institute is held when the public schools are not 
in session, such teachers or superintendents shall be paid two 
dollars a day for actual daily attendance as certified by the 
county superintendent, for not more than five days of 
actual attendance, to be paid as an addition to the first 
month's salary after the institute,. by the board of education 
by which such teacher or superintendent is then employed. 
In case he or she is unemployed at the time of the institute, 
such salary shall be paid by the board next employing such 
teacher or superintendent, if the term of employment be- 
gins within three months after the institute closes. 

HISTORY.— R. S. § 4091; 70 v. 195, § 117; 97 v. 377; 99 v. 451; 1(M v. 
155 (157). 

County and district superintendents are not entitled to pay for 
attending the county teachers' institute. Op. Atty. Gen. (1919), 
p. 1409. 

Where a board of education has employed teachers for the 
public schools of the district for the school year next ensuing 
thereafter, and such teachers, during vacation and after their 
employment, attend the county institute during the week it is held in 
the same county, said board is authorized by the provisions of this 
section, to pay them for the institute week as an addition to their 
first month's salary as fixed by the terms of their employment, and 
at the same rate, on presentation of the certificates prescribed by 
this section : Beverstock v. Board of Education. 75 O. S. 144 
[affirming Beverstock v. Board of Education, 7 O. C. C. (N. S.) 
373, 18 O. C. D. 1871]. 

In a contract between the board of education and a teacher, 
under which the teacher was to teach an eight months' term of 
school at forty-five dollars per month, was included a stipulation 
that such teacher would not exact, demand or accept pay for at- 
tending the teachers' institute. It was held that such stipulation is 
against public policy and void, and in an action for the purpose 
the teacher can recover the sum fixed by statute for such attendance : 
Board of Education v. Burton, 11 O. C. C (N. S.) 103, 20 O. C. D. 
411 [affirming Burton v. Board of Education, 5 O. N. P. (N. S.) 
294, 18 O. D. (N. P.) 671]. 

A teacher in the public schools may recover compensation 
for attending the teachers' institute, although it is held in the sum- 
mer vacation, if such teacher was actually engaged in teaching or 
began teaching three months after such institute closed : Reid v. 
Board of Education, 6 O. N. P. (N. S.) 526, 16 O. D. (N. P.) 
414. 

Where a teacher attends the institute during the vacation 
period, or when the schools are not in session, and receives a 
certificate of attendance from the county superintendent for not 
more than five days of actual attendance, and begins to teach within 
. three months after the institute, but teaches for only two weeks 
and then joins the United States army, the institute fees are pay- 
able as an addition to that part of the first month's salary received 
by such teacher. 



COUNTY AND CITY TEACHERS' INSTITUTES , 469 

A district superintendent is not entitled to pay for attending 
a teachers' institute under authority of section 7870 G. C, as amended 
in 104 O. L., 157. Op. Atty. Gen. (1915), p. 1571. 

See Opinions of Attorney General as follows : 

(1914), p. 1062, 'cited under Sec. 7865. 

(1917), p. 729, cited under Sec. 7871. 

(1917), p. 912, cited under Sec. 7869. 

[Section 7870-1.] The boards of education of all school Payment of 
districts are hereby authorized to pay teachers who attended amended Tn-° 
the county teachers' institutes during the year 1914 such stitutes. 
amounts and in such manner as provided in section 7870 
of the General Code prior to its amendment of February 
17, 1914, or as amended February 17, 1914. 

All payments heretofore made by boards of education 
to teachers for such attendance at teachers' institute during 
the year 1914 are hereby declared to be legal and valid and 
all boards and officers making such payments are hereby 
relieved from any liability therefor. 

HISTORY.— 106 V. 558, § 1. 

Section 7871. The board of education of each city institutes for 
school district may provide for holding an institute yearly ^^ ^ 
for the improvement of the teachers of the common schools 
therein. General meetings of the teachers of a city district 
held upon not less than four days in any year, whether 
consecutive days or not, for the purposes of instruction, shall 
constitute a teachers' institute for a city district within the 
meaning of this section. 

HISTORY.— R. S. § 4002; 70 v. 195, § 118; 90 v. 131; 97 v. 378. 

There is no provision of law for the payment of teachers 
who attend teachers' meetings which are called as provided by 
G. C, sections 7706-1 and 7871. Op. Atty. Gen. (1917), p. 729. 

See Opinions of Attorney General (1914), p. 1062, cited under 
Sec, 7865. 

Section 7872. The expenses of such institute shall be Expenses of, 
paid from the city institute fund hereinbefore provided for. ^°^^ provided 
In addition to this fund the board of education of any 
district annually may expend for the instruction of the 
teachers thereof, in an institute or in such other manner as 
it prescribes, a sum not to exceed five hundred dollars, 
to be paid from its contingent fund. 

HISTORY.— R. S. § 4092; 70 v. 195, § 118; 90 v. 131; 97 v. 378. 

The expenses of a teacher, appointed by the board of 
education as delegate to the educational congress at Columbus, De- 
cember 5, 1913, may not legally be paid out of the township, village, 
or special school district treasury. 

When a teacher is appointed by a board of education of a 
city district, such expense may not be paid from the school treasury, 
nor can the expenses of members of a board of education to such 
convention be paid out of the city fund. The expenses of persons 
not rnembers of a board of education or teachers, incurred in 
attending the above named congress, may not be paid from the 
school fund. Before such expenses can be paid, an appropriation for 
this purpose must be made by the legislature. Op. Atty. Gen. 
(1913), p. 416. 

See Opinions of Attorney General (1914), p. 1062, cited under 
Sec. 7865. 



470 



COUNTY AND CITY TEACHERS INSTITUTES 



When fund in 
city district to 
be paid into 
board of edu- 
cation fund. 



Section 7873. If the board of a district does not pro- 
vide for such institute in any year, it shall cause the in- 
stitute fund in the hands of the district treasurer for the 
year to be paid to the treasurer of the county wherein the 
district is situated, who shall place it to the credit of the 
the county board of education fund. The teachers of 
the schools of such district in such case, shall be entitled to 
the advantages of the county institute, subject to the pro- 
visions of sections seventy-eight hundred and sixty-nine, and 
seventy-eight hundred and seventy. The clerk of the board 
shall make the report of the institute required by section 

7874- 

HISTORY.-R. S. § 4092; 70 v. 1&5, § US; 90 v. 131; 97 v. 378; 104 v. 
155 (158). 

See Opinions of Attorney General (1914), p. 1062, cited under 
Sec. 7865. 



Length of Section 7874. All institutes held under the provisions 

tl^^lZ^l frf^"^*^ of this chapter shall continue at least four days. A report 
tendent. of the mstitutc held m pursuance of the provisions of sec- 

tions seventy-eight hundred and seventy-one and seventy- 
eight hundred and seventy-twa shall be made to the superin- 
tendent of pubHc instruction within five days after the 
adjournment thereof. It must state the number of teachers 
in attendance, the names of the instructors and lecturers, 
the total expense of the institute, the portion thereof paid 
from the institute funds, and such other information re- 
lating to the institute as the superintendent requires. 

. HISTORY.— R. S. § 4094; 70 v. 195, §§ 113, 115, 118; 85 v. 196; 97 v. 
378; 1(M V. 225 (236). 



CHAPTER 25 



TEACHERS' PENSIONS 

(All of this refers to the local systems which have been almost entirely superseded by the 

state system of Chapter 26) 



Section. 
7875. 



7876. 
7877. 



7878. 
7879. 



7881. 
78S2. 



7884. 
7885. 



Trustees of school-teachers' pension 
fund. 

Election of board of trustees. 

Provision for creation of school- 
teachers' pension fund. 

Donations, bequests, etc. 

Investment of funds; payment of 
pensions. 

Retirement of teachers by board of 
education. 

Meaning of term "teacher". 

Voluntary retirement. 

Pension: $12.50 for each year's 
service. 

Who not entitled to pension. 

How, when fund insufficient to pay 
pensions. 



Section. 

7886. Use of principal and income of 

pension fund. 

7887. Pension exempt. 

7888. Monthly certifications of deductions 

from salaries. 

7889. Who custodian of fund. 

7890. Duties. 

7891. Provisions for refunding. 

7892. Heirs, legatees or assigns of de- 

ceased teacher entitled to half 
amount paid. 

7893. Rules and regulations. 

7891. Monthly payments to be made by 

board of education. 

7895. Payments from contingent fund. 

7896. Transfer of existing funds. 



Section 7875. When the board of education of a 
school district by resolution, adopted by a majority vote 
of the members thereof, declares that it is advisable to 
create a school-teachers' pension fund for that school dis- 
trict, such fund shall be under the management and control 
of a board to be known as ''the board of trustees of the 
school-teachers' pension fund" for such district. Such 
board shall be composed of not less than three, nor more 
than seven members, as the board of education by resolution 
declares. If composed of less than five a member of the 
board of trustees of such pension fund shall be elected by 
the board of education of such school district, and the re- 
maining members by the teachers of the public schools, 
including the teachers of any high schools, of such district, 
who have accepted the provisions hereinafter provided. If 
such board is to be composed of five or more members, 
two members of the board of trustees of such school district 
shall be elected by the board of education thereof, and the 
remaining members by the teachers of the public schools, 
including the teachers of any high schools of such school 
district, who have accepted such provisions. 

HISTORY.— R. S. § S897b; 92 v. 149; 94 v. 306; 95 v. 610. 

No provisions of the act creating local district pension systems 
for teachers (sections 7875 to 7896 inclusive) have been repealed by 
the statutes creating a new state wide teachers' retirement system, 
but the existence and rights of established local district pension 
systems for teachers are recognized in section 7896-23 of the new 
state wide teachers' retirement system act. 

Where a teacher begins her first service after September 1, 
1920, as a teacher, in a city still maintaining a local district pension 
system, under the provisions of section 7877 such teacher must 
become a member of the local teachers' pension system in the 
district. 

(471) 



Trustees of 
school teach- 
ers' pension 
fund. 



472 



TEACHERS^ PENSIONS 



Where a teacher, who on or about September 1, 1920, becomes 
a member of the state teachers' retirement system, and who after- 
ward, while still a member of such state system, becomes a teacher 
in a city school district maintaining a local district pension system 
that did not merge with the state retirement system, such teacher 
loses her status as a member of the state retirement system and 
becomes a member of the local city district retirement system 
under the provisions of section 7877 G. C, which is still in force; 
and such teacher is entitled to withdraw her accumulated con- 
tributions from the teachers' saving fund of the state retirement 
system (section 7896-25, 7896-40 and 7896-56 G. C.)- The law does 
not contemplate that a teacher can be a member of two teachers' 
retirement systems in this state, nor can boards of education be 
required to contribute to the state retirement system at the same 
time for one and the same teacher. 

Teachers employed in a school district which maintains a 
local teachers' pension system are eligible to membership in the 
state teachers' retirement system, provided that such teachers 
are those who are not afHliated as members of such local teachers* 
pension system, having exercised the privilege extended to them 
by the provisions of section 7877 G. C. 

Where a teacher who is a member of the state teachers' re- 
tirement system thereafter joins a local district teachers' retirement 
system, such teacher losing her membership in the said teachers' 
retirement system makes void her prior service certificate and 
the same is not^, renewable as provided in section 7896-32 G. C. 
Such teacher, to again become a^ member of the state retirement 
system, must come in as a new entrant, or as a member of a local 
district pension system, where such local district pension system 
has later merged with the state retirement system, as provided by 
section 7896-23. Op. Atty. Gen. (1920), p. 584. 

There is no provision in the act providing for the creation 
of local district pension systems for teachers (7875 to 7896 G. C.) 
for the reinstatement of a beneficiary or pensioner as an active 
teacher in that district. Op. Atty. Gen. No. 2754, Dec. 31, 1921. 

See Opinions of Attorney General (1917), p. 785, cited under 
Sec. 7882. 



Election of 
board of 
trustees. 



Provision for 
creation of 
school-teach- 
ers' pension 
fund. 



Section 7876. The election of the members of such 
board by the teachers shall be at a meeting called by the 
superintendent of schools of such school district, the first 
election to be at a meeting to be called by the superintendent 
v^hen one-third of the public school teachers of such school 
district have accepted the provisions of this chapter. Mem- 
bers of the board of trustees of such pension fund shall 
be elected for such length of time as the board of education 
of the school district by resolution declares, to serve not 
less than one, nor more than three years. They shall 
serve until their successors are elected and qualified, and 
v^ithout compensation. 

HISTORY.— R. S. § 3897b; 92 v. 149; 94 v. 306; 95 v. 610. 

Section 7877. When the board of education of any 
school district has declared the advisability of creating a 
school-teachers' pension fund, its clerk shall notify each 
teacher in the public schools and high schools, if any, of the 
school district, by notice in writing of the passage of such 
resolution, and require the teachers to notify the board in 
writing within thirty days from the date of such notice 
whether they consent or decline to accept the provisions 
of law for creating such a fund ; but teachers who, prior to 



TEACHERS PENSIONS 



473 



the first day of July, 191 1, were in the employ of a board 
of education which has created such a fund under this law 
shall not be denied the right of accepting the provisions 
hereof before the first day of January, 1912. After the 
election of the board of trustees herein provided for, two 
dollars ($2.00) shall be deducted by the proper officers from 
the monthly salary of each teacher who accepted such pro- 
visions, and from the salary of all new teachers such sum 
to be paid into and applied to the credit of such pension 
fund ; and such sum shall continue so to be deducted during 
the term of service of such teacher. 

All persons employed for the first time as teachers by a 
board of education which has created such a pension fund 
shall be deemed new teachers for the purpose of this act, 
but the term new teachers shall not be construed to include 
teachers serving under reappointments. New teachers shall 
by accepting employment as such accept the provisions of 
this act and thereupon become contributors to said pension 
fund in accordance with the terms hereof. And the pro- 
visions of this act shall become a part of and enter into such 
contract of employment. 

HISTORY.— R. S. § 3897c; 92 v. 152; 95 v. 610; 102 v. 445. 

A person who is employed as a teacher but is designated as 
an "assistant" comes within the term teacher as that term is com- 
monly used by our school laws. Op. Atty. Gen. (1918), p. 85. 

See Opinions of Attorney General as follows: 

(1914), p. 496, cited under Sec. 7880. 

(1915), p. 1117, cited under Sec. 7880: 

Section 7878. All moneys received from donation, donations be- 
legacies, gifts, bequests, or from any other source, shall also quests, etc. 
be paid into such fund, or into a permanent fund. If 
paid into a permanent fund, only the interest thereof shall be 
apphed to the payment of pensions. 

HISTORY.— R. S. § 3897c; 92 v. 152; 95 v. 610; 102 v. 445. 



One who has paid in money to a pension fund, created under 
unconstitutional legislation, will be restored to his former position 
by a court of equity: Venable v. Schafer, 7 O. C. C. (N. S.) 
337, 18 O. C. D. 202. 



Section 7879. Such board of trustees may invest such investment 
pension fund in the name of the board in bonds of the of ^"^"^ds;^^ 
United States,, or of the state of Ohio, or of any county, pensions. 
or municipal corporation, or school district in this state ; and 
may make payments from such fund for pensions granted 
in pursuance of the laws relating thereto. The board of 
trustees from time to time also may make and establish 
such rules and regulations for the administration of the 
fund as they deem best. 

HISTORY.— R. S. § 3897c; 92 v. 152; 95 v. 610. 

Section 7880. Such board of education of such school Retirement 
district, and a union, or other separate board, if any, having ^y ^°^''^- 
the control and management of the high schools of such 
district, may each by a majority vote of all the members com- 



474 



teachers' pensions 



Meaning 
of term 
"teacher.' 



posing the board on account of physical or mental disability, 
retire any teacher under such board who has taught for a 
period aggregating twenty years. One-half of such period 
of service must have been rendered by such beneficiary in 
the public schools or high schools of such school district, or 
in the public schools or high schools of the county in which 
they are located, and the remaining one-half in the public 
schools of this state or elsewhere. 



101 



HISTORY.— R. S. § S897d; 92 v. 153; 94 v. 307; 95 v. 611; 



157; 



The provisions of section 7892 G. C, are not applicable to 
the case of a person who has been retired as a teacher by the 
board of education of a school district under authority of section 
7880 G. C, and who has been granted a pension by said board of 
education under authority of section 7883 G. C. Op. Atty. Gen. 
(1915), p. 1117. 

If a teacher is forced to retire by virtue of the provisions 
contained in section 7880, General Code, and comes within the 
provision of said section as to the length of time such teacher has 
taught, then such teacher can teach in other public schools of 
the state, and continue to draw her pension. The same rule applies 
when a teacher voluntarily retires. 

If a teacher, requests to be retired under section 7880, General 
Code, and after drawing one month's pension, she may marry and 
still continue to draw her pension the remainder of her natural 
life. Op. Atty. Gen. (1914), p. 496. 

See Opinions of Attorney General as follows : 

(1916), p. 1657, cited under Sec. 7882. 

(1916), p. 789, cited under Sec. 7881. 

(1917), p. 785, cited under Sec. 7882. 

(1917), p. 2432, cited under Sec. 7891. 

Section 7881. The term "teacher", in this chapter, 
shall include all teachers regularly employed by either of 
such boards in the day schools, including the superintendent 
of schools, all superintendents of instruction, principals, 
and special teachers, but in estimating years of service, only 
service in public day schools or day high schools, supported 
in whole or in part by public taxation, shall be considered. 

HISTORY.— R. S. § 3897d; 92 v. 153; 94 v. 307; 95 v. 611; 98 v. 157. 

The term "teacher" as found in the chapter relating to teachers' 
pensions and as defined by section 7881 G. C, does not include a 
person who, prior to the time of the establishment 9f a teachers* 
pension fund by the board of education as a teacher in the schools 
of said district, but whose employment was terminated before 
any steps were taken by said board to establish said fund. Op. 
Atty. Gen. (1916), p. 789. 

See Opinions of Attorney General as follows: 

(1917), p. 131, cited under Sec. 7838. 

(1914), p. 617, cited under Sec. 7883. 

(1918), p. 85, cited under Sec. 7877. 

(1917), p. 785, cited under Sec. 7882. 

(1915), p. 1117, cited under Sec. 7880. 

(1917), p. 2432, cited under Sec. 7891. 

Voluntary re- Section 7882. Any tcachcr may retire and become a 

tirement. bcueficiary under this chapter who has taught for a period 

aggregating thirty years. But one-half of such term of 

service must have been rendered in the public schools or in 



teachers' pensions 475 

the high schools of such school district, or in the public 
schools or high schools of the county in which the district 
is located, and the remaining one-half in the public schools 
of this state or elsewhere. 

HISTORY.— R. S. §3S97d; 92 v. 153; 94 v. 307; 95 v. CH; 98 v. 157; 
101 V. 306. 

Where a teacher who retires pursuant to the provisions of 
section 7882 G. C, is eligible to a pension as provided by section 
7883 G. C, the right of such teacher to such pension is not 
defeated or affected by his or her subsequent employment . in a 
college or academy not supported in any way by the state. Op. 
Atty. Gen. (1916), p. 1657. 

Under the provisions of sections 7875 et seq. G. C., a teacher 
is entitled to a pension providing she has taught for a period 
aggregating twenty years under the conditions set out in section 
7882 G. C., and provided further that the board does not re-employ 
her, she being willing to continue in the employ of the board. 
Op. Atty. Gen. (1917), p. 785. 

See Opinions of Attorney General as follows : 

(1914), p. 617, cited under Sec. 7883. 

(1915), p. 1117, cited under Sec. 7880. 

(1916), p. 789, cited under Sec. 7881. 

(1914), p. 496, cited under Sec. 7880. 

(1917), p. 2432, cited under Sec. 7891. 



Section 7883. Each teacher so retired or retiring shall Pension; 
be entitled during the remainder of his or her natural life |ach^ /Sr's 
to receive as pension, annually, twelve dollars and fifty service, 
cents for each year of service as teacher, except that in no 
event shall the pension paid to a teacher exceed four 
hundred and fifty dollars in any one year. Such pensions 
shall be paid monthly during the school year. 

history.— R. S. § 3897d; 92 v. 153; 94 v. 307; 95 v. 611; 98 v. 157; 
101 V, 306. 

In order to be entitled to a pension, a teacher must have 
served thirty years of actual teaching, and a leave of absence 
granted to such teacher cannot be counted as service for fixing 
the amount of pension paid to such teacher under the provisions 
of section 7883, General Code, whether the same be granted because 
of ill health or not. Op. Atty. Gen. (1914), p. 617. 

See Opinions of Attorney General as follows : 

(1916), p. 1657, cited under Sec. 7882. 

(1917), p. 2432, cited under Sec. 7891. 

(1915), p. 1117, cited under Sec. 7880. 

(1914), p. 496, cited under Sec. 7880. 

Section 7884. No such pension shall be paid until who not 
the teacher contributes, or has contributed, to such fund a entitled to 

1 1 11 r 1 r ' pension. 

sum equal to twenty dollars a year for each year of service 
rendered as teacher, but which sum shall not exceed six 
hundred dollars. Should any teacher retiring be unable 
to pay the full amount of this sum before receiving a 
pension, in paying the annual pension to such retiring 
teacher, the board of trustees must withhold on each month's 
payment twenty per cent, thereof, until the amount above 
provided has been thus contributed to the fund. 

history.— R. S. § 3897d; 92 v. 153; 94 v. 307; 95 v. 611; 98 v. 157. 

See opinions of Attornev General as follows : 
(1917), p. 2432, cited under Sec. 7891. 
(1915), p. 1117, cited under Sec. 7880. 



476 



teachers' pensions 



How, when 
fund in- 
sufficient _ to 
pay pensions. 



Section 7885. If such pension fund at any time be in- 
sufficient to meet the pensions so provided for, during the 
period it is insufficient to make such payment, the amount 
in such fund shall be prorated between the parties entitled 
thereto. 



HISTORY.-R. S. § 



92 V. 153; 9i v. 307; 95 v. GH; 



157. 



Use of prin- 
cipal and in- 
come. 



Pension ex- 
empt. 



Monthly cer- 
tifications of 
deductions _ 
from salaries. 



Section 7886. Such board of trustees may use both 
the principal and income of such fund for the payment of 
the premiums herein provided for, and the expense thereof, 
but this shall not apply to the principal of moneys received 
from donations, legacies, gifts, bequests, or other such 
sources. 

HISTORY.— R. S. § 3897e; 92 v. 164; 95 v. 612; 98 v. 158. 

Section 7887. Before its distribution and payment by 
the board of trustees to the beneficiaries, no part of such 
pension fund shall be liable to be taken or subjected by 
any writ or legal process against the beneficiary. 

HISTORY.— R. S. § 3897e; 92 v. 154; 95 v. 612; 98 v. 158. 

Section 7888. The clerk of the board of education of 
such school district, and the clerk of the union board of 
high schools, or other separate board having the control and 
management of the high schools of the district, if any, each 
shall certify monthly to such board of trustees all amounts 
deducted from the salaries of the teachers as above provided, 
which amounts, as well as all other moneys contributed to 
such fund, must be set apart as a special fund for the 
purposes herein specified, subject to the order of the board 
of trustees. Moneys belonging to such fund shall be paid 
only on the order of such board, entered upon its minutes 
on warrants signed by its president and secretary. 

HISTORY.— R. S. § 3897f; 92 v. 154; 95 v. 612. 

Who custodian Section 7889. The treasurer of such school district 

of fund. shall be the custodian of such pension fund, and keep it 

subject to the order, control and direction of the board of 
trustees. He must keep books of accounts concerning the 
fund in such manner as may be prescribed by such board 
which always shall be subject to the inspection of the board 
of trustees or of any member thereof. Such treasurer 
shall execute a bond to the board of trustees with good and 
sufficient sureties in such sum as the board requires, which 
bond shall be subject to its approval, and be conditioned 
foT the faithful performance of his duties as custodian and 
treasurer of the board. 



HISTORY.— R. S. § 



V. 154; 95 v. 612. 



Duties. Section 7890. Such treasurer must keep and truly 

account for all moneys and profits coming into his hands, 
belonging to such fund, and at the expiration of his term 
of office pay over, surrender and deliver to his successor 
all securities, moneys and other property of whatsoever kind. 



TEACHERS^ PENSIONS 



477 



nature and description in his hands or under his control_as 
treasurer. For his services he shall be paid not to exceed 
one per cent, annually of the amount paid into the fund 
during the year. 

HISTORY.— R. S. § 3897g; 92 v. 154; 95 v. 612. 



Section 7891. A teacher who resigns, upon applica- provisions for 
tion within three (3) months after such resignation takes refunding, 
effect, shall be entitled to receive one-half of the total 
amount paid by such teacher into such fund. If at any 
time a teacher who is willing to continue in the service of 
the board of education is not reemployed or is discharged 
before his term of service aggregates twenty years, then 
to such teacher shall be paid back at once all the money 
he or she may have contributed under this law. But if 
any teacher who has taught for a period aggregating twenty 
years is not re-employed by the board of education, such 
failure to re-employ shall be deemed his retiring, and such 
teacher shall be entitled to a pension according to the pro- 
visions of this act. 

HISTORY.— R. S. § S897h; 92 y. 154; 94 v. 308; 95 v. 613; 102 v. 445. 

Eligibility of a teacher for receiving a pension is fixed by 
the statute at twenty years' teaching experience, without regard 
to the place where the teaching was done. 

The provision of the statute that the refusal of a board 
of education to re-employ a teacher shall be deemed his re- 
tiring, and such teacher shall thereupon become entitled to a pen- 
sion under the provisions of the act, gives him the right to a 
pension, notwithstanding that the board of education might not 
have intended to retire him by their refusal to re-employ him. 
Board of Trustees, etc. v. State ex rel., 31 O. C. A. 601. 

Under the provisions of Part Second, Title V, Chapter 9, of the 
General Code, the creation of a teachers' pension fund is optional 
with the board of education of any school district, but the allow- 
ance and payment of such pension must be made as provided by 
such law and is not within the discretion of the board of education 
or the board of trustees of such fund. 

A teacher employed by a board of education of a district 
wherein a teachers' pension fund has been created, to which he has 
contributed as provided by such law, who is willing to continue in 
such service, but is not re-employed by the board of education, is 
entitled to a pension under the provisions of said act, where it 
appears that such teacher had been engaged in teaching in the 
public schools for a period aggregating twenty years, regardless 
of whether one-half of the period of his service was rendered in 
the county within which such school district is situated. Shinnick 
V. State, ex rel., 101 O. S. 246. 

A teacher who has taught in this state for thirty-five years 
and in the public schools of a county eleven and one-half years 
and has contributed to the teachers' pension fund in the district 
where such fund is created for seven years and eight months 
is entitled to a teacher's pension under section 7891 G. C. Op. 
Atty. Gen. (1917), p. 2432. 

See Opinions of Attorney General as follows : 

(1917), p. 2432, cited under Sec. 7891. 

(1917), p. 785, cited under Sec. 7882. 

(1918), p. 85, cited under Sec. 7877. 

Section 7892. In case of the death of a teacher, the Heirs, legatees 

heirs, legatees or assigns of the deceased, shall be entitled Jg^^l^"^ °^ 

to receive half of the total amount paid by such teacher teacher en- 

into such fund upon application therefor, with proof of rmount°paiU 
claim to tlie satisfaction of the board of trustees. 



478 



TEACHERS PENSIONS 



Rules and 
regulations. 



Monthly pay- 
ments to be 
made by 
board. 



Payments 
from con- 
tingent fund. 



Transfer of 

existing 

funds. 



HISTORY.— R. S. § 3897h; 92 v. 154; U v. 308; 95 v. 613. 

See Opinion of Attorney General (1915), p. 1117, cited under 
Sec. 7880. 

Section 7893. The board of trustees shall make such 
rules and regulations as it may deem expedient or necessary 
for its government; which must be adopted, and when 
adopted, may be amended, by a vote of hot less than two- 
thirds of all the members of the board. 

HISTORY.— R. S. § 38971; 9i v. 308; 95 v. 613. 

Section 7894. The board of education in any school 
district which has created, or shall create, a teachers' pen- 
sion fund, shall pay monthly into such fund all deductions 
from the salaries of teachers on account of their tardiness 
or absence. 

HISTORY.— R. S. § 3897k; 97 v. 340; 98 v. 158. 

Section 7895. The board of education in any school 
district which has created, or shall create, a teacher's pension 
fund, semi-annually, shall pay from the contingent fund 
of such school district into such fund, not less than one 
per cent, nor more than two per cent, of the gross receipts 
of the board raised by taxation, which shall be applied 
to the payment of teachers' pensions, as hereinbefore pro- 
vided. 

HISTORY.— R. S. § 38971; 97 v. 340; 98 v. 158. 

See Opinions of Attorney General No. 2754, (1921), cited 
under Sec. 7896-1. 

Section 7896. Upon the election and organization of 
a board of pension trustees under this chapter in any school 
district, any school teachers' pension fund heretofore created 
for such district under any former act shall be transferred 
to the board of trustees created under this chapter by the 
board or persons having control thereof. Beneficiaries 
under such transferred fund shall receive pensions under 
this chapter. 

HISTORY.— R. S. § S897J; 95 v. 613. 



CHAPTER 26 

STATE TEACHERS' RETIREMENT SYSTEM 



7896-4. 
7896^5. 
7896-6. 
7896-7. 



Section. 

7896-1. Definition of words and phrases. 

Teacher's retirement system estab- 
lished; rights of retirement board. 

Administration and management 
vested in board. 

Membership of board. 

Election of teacher members. 

Annual election; filling vacancies. 

Time of election; who eligible. 

Acting board until first election. 

Oath of office. 

Quorum. 

No compensation; expenses. 

Chairman. 

Treasurer of State to be custodian 
of funds; additional bond required. 

Attorney General to be legal advisor 
of retirement board. 

Employment by board of secretary, 
etc.; compensation. Action by 
board upon applications. 

Members of board shall be trustees 
of the funds; investment; collec- 
tion of interest. 

Apportionment of interest. 

Trustee or employe shall have no in- 
terest in profits or borrow funds. 

Individual accounts shall be kept; 
other data. 

Report showing assets and liabilities 
of the various funds, etc. 

Annual statement of amount of 
funds. 

Membership of the retirement sys- 
tem. 
7896-22a. Educational employes of State De- 

- partment of Public Instruction in- 
cluded in membership of retirement 
system. 

What teachers excluded from mem- 

.bership; how same may become 
members. 

Right of denial to certain classes re- 
tained. 

When membership shall cease. 

Statement upon becoming member. 

Verification of statement. 

Service credits. 

Certificate of prior service. 

Additional credits. 

When prior service certificate shall 
be conclusive. 

Prior service certificate void when 
teacher ceases to be member. 



7896-9. 

7896-10. 

7896-11. 

7896-12. 

7896-13. 

789&-U. 

7896-15. 



7596-16. 



7896-17. 
7896-18. 



7896-19. 
7896-20. 



7896-21. 
7896-22. 



7896-23. 



7896-24. 

7896-25. 
7896-26. 
7896-27. 



789^29. 
7896-30. 
7896-31. 

7896-32. 



Section. 

7896-33. Total service credited at retirement. 

7896-34. Eligibility for retirement. 

7896-35. Allowance upon superannuation re- 
tirement. 

7896-36. Commuted superannuation allowance. 

7896-37. Medical examination for disability. 

7896-38. Allowance upon disability retirement. 

7896-39. Disability beneficiary considered on 
leave of absence; annual examina- 
tion of beneficiary. 

7896-40. Contributor who ceases to teach en- 
titled to balance; limitation. 

7896-41. Payment on death of contributor. 

7896-42. Election by beneficiary; options. 

7896-43. Per centum of compensaiton as con- 
tribution required; deductions by 
employer. 

7896-44. Payment to "normal contribu- 
tion" and "deficiency contribution" 
funds; rates, how fixed. 

7896-45. How "normal contribution" rate de- 
termined. 

7896-46. How "deficiency contribution" rate 
determined. 

7896-47. Monthly payments into employers' 
accumulation fund. 

7896-48. When deficiency contribution shall 
be discontinued. 

7896-49. Prospective teachers to be notified of 
duties and obligations under act 
before employment. 

7896-50. Names of teachers certified to board. 

7896-51. Notification of changes, monthly. 

7896-^52. Deductions by employer certified to 
treasurer; duplicate to secretary of 
board. 

7896-53. Transmittal monthly of payments to 
. board. 

7896-54. Employer shall keep records. 

7896-55. Preference of tax levy. 

7^6-56. Various funds created; their uses 
and purposes. 

7896-^7. Annual estimate to defray expenses. 

7896-58. Appropriation for establishment of 
system. 
Merger of local pension system with 
retirement system provided by act. 
Deficiency contribution determined. 

7896-61. Transfer of moneys, credits, etc., in 
event of merger. 

7896-62. Exemption of allowances from tax, 
execution, etc. 

7896-63. Penalty for false statement, record, 
etc. 



Section 7896-1. That the following words and Definition of 
phrases as used in this act [G. C. §§ 7896-1 to 7896-63], p^ra'^es^'''^ 
unless a different meaning is plainly required by the context, 
shall have the following meanings : 

"Retirement System" shall mean the "State Teachers' 
Retirement System" provided for in this act. 

"Retirement Board" shall mean the board provided for 
in this act to administer said retirement system. 

"Employer" shall mean the board of education, school 
district or other agency within the state of Ohio by which 
a teacher is employed or paid. 

(429) 



480 STATE teachers' RETIREMENT SYSTEM 

"Teacher" shall mean any teacher or other person regu- 
larly employed in the public schools of the state of Ohio, 
who is required by law to have a teachers' certificate; and 
any teacher in any school or college or other institution 
wholly controlled and managed, and wholly or partly sup- 
ported by the state or any subdivision thereof, the board of 
trustees or other managing body of which shall accept the 
requirements and obligations of this act. 

'Tresent-teacher" shall mean any person who was a 
teacher, as defined by this act, before the first day of 
September, nineteen hundred and twenty; whose member- 
ship in the retirement S3^stem has been continuous ; and, 

(a) who became a member on said date, or on the 
date of his first service as a teacher after said date and 
within one year after his last day of service previous to 
said first day of September, nineteen hundred and twenty ; 
or, 

(b) who was a teacher of a school or college or other 
institution on said date, or on a subsequent date within one 
year after his last day of service as such teacher previous 
to said first day of September, nineteen hundred and twenty, 
and who continued thereafter to be a teacher thereof until 
he, with the teaching staflf of such school or college or 
other institution, became a member of the retirement system 
as provided in this act; or, 

(c) who was a member of a local district pension 
system on said date, or on the date of his first eligibility to 
such membership after said date and within one year after 
his last day of membership therein previous to said first 
day of September, nineteen hundred and twenty, and who 
continued thereafter to be a member until he, with the mem- 
bership of such local district pension system, became a mem- 
ber of the retirement system. 

"New-entrant" shall mean any teacher who is a member 
except a present-teacher. 

"Prior-service" shall mean all service as a teacher, as 
defined by this act, rendered before the first day of Septem- 
ber, nineteen hundred and twenty, by a present-teacher and 
similar service in another state credit for which was pro- 
cured by a present-teacher as provided by this act. 

"Total-service" shall mean all service of a member of 
the^ retirement system since last becoming a member and, 
in addition thereto, all his prior-service, computed as pro- 
vided in this act. 

"Member" shall mean any person included in the mem- 
bership of the retirement system as provided in this act. 

"Contributor" shall mean any person who has an ac- 
count in the teachers' saving fund. 

"Beneficiary" shall mean any person in receipt^ of a 
retirement allowance or other benefit provided by this act. 

"Regular interest" shall mean interest at four per 
centum per annum, compounded annually. 

"Accumulated contributions" shall mean the sum of all 
amounts deducted from the compensation of a member 



STATE teachers' RETIREMENT SYSTEM 481 

and credited to his individual account in the teach- 
ers' savings fund together with regular interest thereon. 

"Final average salary" shall mean the average annual 
compensation, not exceeding two thousand dollars, earnable 
as a teacher by a member during the ten years immediately 
preceding his date of retirement. 

''Annuity" shall mean payments for life derived from 
contributions made by a contributor and paid from the 
annuity and pension reserve fund as provided in this act. 
All annuities shall be paid in twelve equal monthly install- 
ments. 

"Pension" shall mean annual payments for life de- 
rived from appropriations made by an employer and paid 
from the employers' accumulation fund or the annuity and 
pension reserve fund as provided in this act. All pensions 
shall be paid in twelve equal monthly installments. 

"Retirement allowance" shall mean the pension plus the 
annuity. 

"Annuity reserve" shall mean the present value, com- 
puted upon the basis of such mortality tables as shall be 
adopted by the retirement board with regular interest, of all 
payments to be made on account of any annuity, or benefit 
in lieu of any annuity, granted to a member under the 
provisions of this act. 

' "Pension reserve" shall mean the present value com- 
puted upon the basis of such mortality tables as shall 
be adopted by the retirement board with regular interest, of 
all payments to be made on account of any pension, or 
benefit in lieu of any pension, granted to a member under 
the provisions of this act. 

The year for the administration of this act shall mean 
the school year and shall begin September first and end 
with August thirty-first next following. 

"Local district pension system" shall mean any school 
teachers' pension fund created in any school district of the 
state of Ohio in accordance with the laws of such state 
prior to the first day of September, nineteen hundred and 
twenty. 

HISTORY.-IO8 V. Pt. I 195, § 1. 

A teacher who has not taught for one or more years prior 
to September 1, 1P20, would not be eligible to membership in the 
state teachers' retirement system and have the status of "present 
teacher", even though teaching during the school year of 1920-21, 
unless such teacher was teaching at the beginning of the school 
term starting in the school year beginning on September 1, 1920. 

The state teachers* retirement system is for the benefit 
of teachers regularly employed as such and under the provisions 
of section 7896-50 G. C. each employer shall certify to the state 
retirement board the names of all teachers to whom the act applies 
and at such times as the state retirement board may require. 

Where a substitute teacher is regularly employed and 
carried on the payroll as one of the teaching force, such sub- 
stitute teacher is entitled to the provisions of the teachers* retirement 
system law. 

31 S. L. 



482 STATE teachers' RETIREMENT SYSTEM 

Under authority of section 7896-3 G. C, the retirement 
board can and should make all necessary rules and regulations 
for the proper administration of the state teachers' retirement 
system law. 

Under the provisions of section 7896, where teachers are 
in a class (a) whose compensation is only partly paid by the state, 
or (b) who are not in serving on a per annum basis, or (c) who are 
on a temporary basis, or (d) who are not required to have a* 
teacher's certificate, it is for the state retirement board to say which 
classes shall be denied membership ; but such retirement board may, 
in -its discretion, make optional with teachers in any such classes 
their individual entrance into membership. Op. Atty. Gen. (1920), 
p. 421 

See Opinions of Attorney General No. 2220, (1921), cited 
under Sec. 7896-55. 

In computing the "final average salary" (7896-1 G. C.) 
as defined in the teachers' retirement act, the total earned com- 
pensation as an employed teacher during the ten calendar years 
preceding retirement should be divided by the number of years in 
which «;nch compensation as a teacher was earned and received. 

Where a teacher was on leave of absence or out of active 
service as a teacher for two years during the period of the last 
ten calendar years, prior to the date of retirement, ^he total of 
the compensation received as a teacher during such ten calendar 
years should be divided by eight, the number of years in which 
such compensation as a teacher was actually earned and received. 

Where a teacher desiring to retire at the close of the years 
1920-1921 was out of active service as a teacher for two years 
during the last ten calendar years prior to retirement, and her 
salary for the school year 1916-1917 was $1,000, and her salary for 
the school year 1919-1920 was 1,200, to compute her compen- 
sation "earnable as a teacher" as $1,000 during the two years 
she was out of service as a teacher, would be incorrect, for her 
compensation earnable as a teacher during such two years would 
be the amount paid by the employing board of education during 
such two years. Unless the person was employed as a teacher 
and received compensation therefor during such period of two 
years, such person would have no compensation earnable as a 
teacher during that two years. 

In computing final average salary under the teachers* re- 
tirement act. the retirement board should credit the teacher with all 
the compensation received as a teacher during the preceding ten 
calendar years and the total of such compensation, when divided 
by the number of years in which compensation is earned as a 
teacher, would be the final average salary, but where such final 
average^ salary exceeds $2,000, such excess above $2,000 cannot 
be considered. 

Where a teacher asks retirement at the middle of the 
school year, such retirement is eflPective as of August 31st following, 
unless in case of disability retirement, and in computing final 
average salary the salary earned and received during the year 
1920-1921 should be counted as her earnable compensation received 
as a teacher during that year. Op. Atty. Gen. No. 2034, April 28, 
1921. 

There is no 'provision in the state teachers' retirement 
system law (7896-1 to 7896-64) for the reinstatement as an active 
teacher of a beneficiary or pensioner by a board of education, 
the sole exception being in the case of disability beneficiaries who 
mav be restored to active service, as provided in section 7896-39 
G. C 

A pensioner of a local district pension system which has 
merged with the state teachers' retirement system, cannot be re- 
instated as an active teacher, either with or without the continuation 
of his pension payments, while in active servce. 

Where a local district pension system has merged .with 
the state teachers' retirement system, the pensions paid to beneficiaries 
in the local district pension system shall th«reafter be paid in the 



STATE TEACHERS RETIREMENT SYSTEM 



A»3 



same amount by the state teachers' retirement system, since these 
pensions have been accepted by the state teachtrs' retirement system 
as a liability in an exact amount at the time of valuation. 

A pensioner of the state teachers' retirement system may 
not be reinstated as an active teacher by discontinuing his pension 
during such period of active teaching. Op. Atty. Gen, No. 2754, 
Dec. 31, 1921. 

Schools or colleges or other institutions supported in 
whole or in part by the state or any subdivision thereof, and 
wholly controlled and managed by the state, or any subdivision 
thereof, have the period until September 1, 1921, in which to 
accept the requirements and obligations imposed by the state teach- 
ers' retirement system, but a person teaching in such school, college 
or institution, desiring prior service credit, must have been a teacher 
prior to the first day of September, 1920. 

Service as a teacher in a privately endowed school, college 
or institution' located within the state of Ohio, and which later 
becomes a tax supported institution under public control, should 
be allowed by the state teachers' retirement board in its com- 
putation of prior service as a teacher, even though such service as 
a teacher was rendered prior to the time that such school, college 
or university became a tax-supported institution and under public 
control. 

Under the provisions of section 7896-30 G. C., a claim of a 
teacher for prior service credit in the state teachers' retirement 
system, cannot cover service as a teacher in another state unless 
such service as a teacher was rendered in the public day schools 
of another state, and service in a state-supported institution out- 
side of Ohio cannot be held to be service in the public day schools 
of such state. Op: Atty. Gen. No. 1927, Mar. 19, 1921. 

Section 7896-2. A state teachers' retirement system Teachers' re- 
is hereby established for the teachers of the public schools {em™estab-^* 
of the state of Ohio which shall include the several funds Hshed;^ rights 
created and placed under the management of a "Retirement board. 
Board" for the payment of retirement allov^^ances and other 
benefits under the provisians of this act [G. C. §§ 7896-1 
to 7896-63]. The retirement board herein created shall 
have the right to sue and be sued, plead and be impleaded, 
contract and be contracted with and do all things necessary 
to carry out the provisions of this act and by such name 
all of its business shall be transacted, all of its funds in- 
vested, all warrants for money drawn and payments made, 
and all of its cash and securities' and other property shall be 
held. 

HISTORY.— 108 V. Pt. I 195 (197), § 2. 

Section 7896-3. The general administration and the Administra- 
management of the state teachers' retirement system and a^^ln^ ™^" 
the making efifective the provisions of this act [G. C. §§ vested in 
7896-1 to 7896-63] are hereby vested in the retirement board °^^ 
which shall have authority to make all necessary rules and 
regulations, not inconsistent with the provisions of this act, 
to carry into eflfect the provisions thereof. 

history.— 108 V. Pt. I 195 (197), § 8. 

Section 7896-4. The retirement board shall consist of Membership 
five members as follows: (a) the superintendent of public °* ^o*"*- 
instruction; (b) the auditor of state; (c) the attorney gen- 
eral, two other members known as teacher members, who 



484 



STATE teachers' RETIREMENT SYSTEM 



Election of 
teacher mem- 
bers. 



Annual elec- 
tion; Ailing 
vacancies. 



shall be members of the retirement system and who shall 
be elected by ballot by the members of the retirement 
system. 

HISTORY.-IO8 V. Pt. I 195 (197), § 4. 

Section 7896-5. The first election of teacher members 
of the retirement board shall be conducted by and under the 
supervision of the superintendent of public instruction 
within sixty days after the first day of September next 
succeeding the passage of this act [G. C. §§ 7896-1 to 
7896-63]. At the first election each teacher shall be deemed 
to be a member of the retirement system and shall have 
the right to vote for two candidates for membership in 
the retirement board, provided, that any teacher in a local 
district pension system who exercises such right to vote 
shall be deemed to have petitioned for a merger with the 
state teachers' retirement system as provided in this act 
and his name shall be deemed to have been duly signed to 
any such petition subsequently circulated in such local dis- 
trict pension system. The candidate receiving the highest 
number of votes shall be elected to serve for a period ending 
on the second thirty-first of August following the election; 
the candidate receiving the second highest number of votes 
shall be elected to serve for a period ending on the thirty- 
first of August following the election. 

HISTORY.— 108 V. Pt. I 195 (197), § 5. 

Section 7896-6. Annually after the first election a 
member of the retirement system shall be elected by ballot 
to membership in the retirement board to serve for a term of 
two years beginning on the first day of September following 
the election. Vacancies occurring in the terms of teacher 
members of the board shall be filled by the remaining mem- 
bers of the board by election for the unexpired terms. 
Teacher members of the retirement board who fail to 
attend the meetings of the board for four months or longer, 
without being excused, shall be considered as having re- 
signed and successors shall be elected for their unexpired 
terms. 

HISTORY.-IO8 V. Pt. I 195 (197), § 6. 



Time of 
election; who 
eligible. 



Section y^f^^-y. All elections for members of the re- 
tirement board after the first election shall be held on the 
first Monday of May of each year under the direction of 
the retirement board. Any member of the retirement sys- 
tem shall be eligible for election as a member of the re- 
tirement board and the name of any member who shall be 
nominated by a petition signed by at least one hundred 
members of the retirement system shall be placed upon 
the ballots by the retirement board as a regular candidate. 
Other names of eligible candidates may at any election be 
substituted for the regular candidates by writing such names 
upon the ballots. The candidate receiving the highest 
number of votes for any term as member of the retirement 



STATE TEACHERS RETIREMENT SYSTEM 



485 



board shall be elected a member of the retirement board 
for such term. 

HISTORY.— 108 V. Pt. I 196 (198), $ 7. 

Section 7896-8. Until the first election shall have Acting board 
been held and the teacher-members elected thereat duly election"* 
installed, the ex officio members of the retirement board 
shall constitute an acting retirement board. 

HISTORY.— 108 V. Pt. I 195 (198), § 8. 



of the retirement 
7896-1 to 7896-63] 



Oath of office. 



Section 7896-9. Each member 
board created by this act [G. C. §§ 

upon appointment or election shall take an oath of office 
that he will support the constitution of the United States, 
the constitution of the state of Ohio, and that he will dili- 
gently and honestly administer the affairs of the said board 
and that he will not knowingly violate or wilfully permit to 
be violated any of the provisions of law applicable to this 
act. Such oath shall be subscribed to by the member mak- 
ing it, and certified by the officer before whom it is taken, 
and shall be immediately filed in the office of the secretary 
of state. 

HISTORY.— 108 V. Pt. I 195 (198), § 9. 

Section 7896-10. A majority of the members of the Quorum, 
retirement board shall constitute a quorum for the trans- 
action of any business. 

HISTORY.— 108 V. Pt. I 195 (198), § 10. 



No compensa- 
expenses. 



Section 7896-11. The members of the retirement 
board shall serve without compensation, but they shall be tion 
reimbursed from the expense fund for all actual necessary 
expenses and for any loss of salary or wages they may 
suffer through serving on the retirement board. 

HISTORY.— 108 V. Pt. I 195 (198), § 11. 

Section 7896-12. The retirement board shall elect chairman, 
from its membership a chairman. 

HISTORY.- 108 V. Pt. I 195 (198), § 12. 

Section 7896-13. The treasurer of the state of Ohio custodian of 
shall be the custodian of the funds of the retirement sys- funds. 
tem, and all disbursements therefrom shall be paid by him 
only upon vouchers duly authorized by the retirement board 
and bearing the signatures of said board ; or, such vouchers 
may bear the fac-similie [facsimile] signatures of the board 
members printed thereon and the signatures of the president 
and secretary of said board. 

The treasurer of state shall give a separate and addi- Additional 
tional bond in such amount as may be fixed by the governor, de"osite!f ^^^ 
but not less than the amount of money in all of the funds 
of the retirement system at the time such bond is fixed 
and with sureties to the approval of the governor, con- 
ditioned for the faithful performance of the duties of such 
treasurer as custodian of the funds of the retirement system 



486 



STATE TEACHERS RETIREMENT SYSTEM 



Deposit of 
funds. 



provided for herein. Such bond shall be deposited with the 
secretary of state and kept in his office. The governor 
may from time to time require the treasurer of state to 
give other and additional bonds, as the funds of said re- 
tirement system increase, in such amounts and at such 
times as may be fixed by the governor which additional 
bonds shall be conditioned and filed as is provided for the 
original bond of the state treasurer covering the funds of 
the retirement system. 

The treasurer of state is hereby authorized and directed 
to deposit any portion of the funds of the retirement system 
not needed for immediate use in the same manner and sub- 
ject to all the provisions of law with respect to the deposit 
of state funds by such treasurer, and all interest earned 
by such portion of the said retirement funds as may be 
deposited by the state treasurer in pursuance of authority 
herewith given shall be collected by him and placed to the 
credit of such fund or funds. 

HISTORY.— 108 V. Pt. I 195 (198), § 13. 



Legal adviser. SectiOn 7896- 1 4. The attorney general of the state of 

Ohio shall be the legal adviser of the retirement board. 

HISTORY.-IO8 V. Pt. I 195 (199), § 14. 



Employment 
of secretary, 
etc.; com- 
pensation. 



Action upon 
application. 



Section 7896-15. The retirement board shall have 
power to employ a secretary and to secure the service of 
such technical and administrative employees as may be nec- 
essary for the transaction of the business of the retirement 
system. The compensation of all persons engaged by the 
retirement board and all other expenses of the board nec- 
essary for the proper operation of the retirement system 
shall be paid at such rates and in such amounts as the retire- 
ment board shall approve. The retirement board shall 
receive and act upon all applications for retirement under 
the provisions of this act and shall provide for the payment 
of all retirement allowances and other benefits and shall make 
such other necessary expenditures as are required or author- 
ized by the provisions of this act [G. C. §§ 7896-1 to 
7896-63]. 

HISTORY.-IO8 V. Pt. I 195 (199), § 15. 



Section 7896-16. 



Member of SECTION 7090-10. The members of the retirement 

mfs'tlef of ^* board shall be the trustees of the several funds created 

the funds; 
investment; 
collection of 
interest. 



by this act and said board shall have full power to invest 
same in bonds of the United States, the state of Ohio or 
of any county, city, village or school district of the state of 
Ohio at current market prices for such bonds ; provided that 
such purchase be authorized by a resolution adopted by the 
board ; and all such bonds so purchased, forthwith, shall be 
placed in the hands of the treasurer of state, who is hereby 
designated as custodian thereof, and it shall be his duty to 
collect the interest thereon as the same becomes due and 
payable and also the principal therof and place the same 
when so collected into the retirement funds herein provided 



STATE teachers' RTTIREMENT SYSTEM 



4^ 



for. The treasurer of state shall honor and pay all vouchers 
drawn on the retirement funds for the payment of such 
bonds upon delivery of said bonds to him when there is 
attached to such vouchers a certified copy of such resolution 
of the board authorizing the purchase of such bonds ; and 
the board may sell any of said bonds upon like resolution, 
and the proceeds thereof shall be paid by the purchaser to 
the treasurer of state upon delivery to him of said bonds 
by the treasurer. 

HISTORY.-108 V. Pt. I m (189), I 16. 

Section 7896-17. All interest earned upon the entire Aoiwrtionment 
amount of money belonging to said retirement system shall interest, 
be divided among the various funds thereof proportionately, 
except that no interest shall be credited to the guarantee and 
expense funds herein provided for. 

HISTORY.— 108 V. Pt. I 195 (200), § 17. 

See Opinions of Attorney General No. 2028, (1921), cited 
under Sec. 7896-56. 

Section 7896-18. Except as herein provided, no trus- Trustee or em 
tee and no employee of the retirement board shall have any gj^/ no^ln- 
interest direct or indirect in the gains or profits of any ter^t in 
investment made by the board nor as such directly or in- EJJrow "funds, 
directly receive any pay or emolument for his services. 
And no trustee or employee of the said board directly or 
indirectly, for himself or as an agent or partner of others, 
shall borrow any of its funds or deposits or in any manner 
use the same except to make such current and necessary 
payments as are authorized by the board; nor shall any 
member or employee of said board become an endorser or 
surety or become in any manner an obligor for moneys 
loaned by or borrowed of the board. 

HISTORY.— 108 V. Pt. I 195 (200), § 18. 

Section 7896-19. The retirement board shall provide individual 
for the maintenance of an individual account with each accounts shall 
member showing the amount of the member's contributions oSie/^data. 
and the interest accumulations thereon. It shall collect and 
keep in convenient form such data as shall be necessary for 
the preparation of the required mortality and service tables, 
and for the compilation of such other information as shall 
be required for the actuarial valuation of the assets and 
liabilities of the various funds created by this act. Upon 
the basis of the mortality and service experience of the mem- 
bers and beneficiaries of the system, the retirement board 
from time to time shall adopt the tables to be used for 
valuation purposes and for determining the amount of 
annuities to be allowed on the basis of the contributions 
of members. 

HISTORY.— 108 V. Pt. I 186 (200), g 19. 



48g 



STATE TEACHERS RETIREMENT SYSTEM 



Report show- 
ine assets and 
liaoilities of 
the various 
funds, etc« 



Annual state- 
ment of 
amount of 
fulids. 



Section 7896-20. At such times as the retirement 
board may deem it necessary and at least once within the 
first three years of the operation of this act [G. C. §§ 7896-1 
to 7896-63], and once in each quinquennial period thereafter 
the retirement board shall have prepared by a competent 
actuary familiar with retirement systems, a report showing 
a complete valuation of the present and prospective assets 
and liabilities of the various funds created by this act with 
the exception of the guarantee fund and the expense fund. 
The actuary shall make an investigation of the mortality 
and service experience of the members of the system and 
shall report fully upon the condition of the retirement sys- 
tem together with such recommendations as he shall deem 
advisable for the information of the retirement board in 
the proper operation of the retirement system. 

HISTORY.— 108 V. Pt. I 195 (200), § 20. 

See Opinions of Attorney General No. 2220, (1921), cited 
under Sec. 7896-55. 

Section 7896-21. The custodian shall furnish annu- 
ally to the retirement board a sworn statement of the 
amount of the funds in hi^ custody belonging to the retire- 
ment system. The records of the retirement board shall 
be open to pubHc inspection and any member of the re- 
tirement system shall be furnished with a statement of the 
amount to the credit of his individual account upon written 
request by such member, provided that the retirement board 
shall not be required to answer more than one such request 
of a member in any one year. 

history.— 108 V. Pt. I 195 (201), § 21. 

See Opinions of Attorney General No. 202^, (1921), cited 
under Sec. 7896-56. 



Membership 
of the retire- 
ment system. 



Section 7896-22. The membership of the retirement 
system shall consist of the following: 

(a) All teachers in service on the first day of Sep- 
tember, nineteen hundred and twenty, except teachers who 
have filed with their employer a statement in writing re- 
questing exemption from membership or teachers who are 
excluded by the provisions of this act [G. C. §§ 7896-1 
to 7896-63]. 

(b) All teachers who became teachers or, who were 
reappointed as teachers after the first day of September, 
nineteen hundred and twenty, except teachers who are 
excluded by the provisions of this act. 

(c The teachers in any school or college or other in- 
stitution supported in whole or in part by the state or any 
subdivision thereof and wholly controlled and managed by 
the state or any subdivision thereof shall become members 
on the same terms and conditions as the teachers in the 
public schools, provided that the board of trustees or other 
managing body of such school, college or other institution, 
if such institution is now in existence or if in existence on 
said date, shall agree by formal resolution adopted before 



STATE teachers' RETIREMENT SYSTEM 489 

September first, nineteen hundred twenty-one, to accept 
all the requirements and obligations imposed by this act 
upon employers of members. Any institution which comes 
into existence as such thereafter shall have ninety days in 
which to accept said requirements and obligations. A cer- 
tified copy of said resolution shall be filed with the retire- 
ment board. When such resolution shall have been adopted 
and a copy of it filed with the retirement board, it shall 
not later be subject to rescindment or abrogation. Service 
in such schools, colleges or other institutions shall be then 
considered in every way the same as service in the public 
schools so far as the purposes of this act are concerned, and 
(d) All other teachers who become contributors under 
the provisions of this act. 

HISTORY.— 108 V. Pt. I 195 (201), § 22. 

See Opinions of Attorney General No. 1927, (1921), cited 
under Sec. 7896-1. 

Section ySg6-223L. In addition to the membership of Employes in 
the retirement system as prescribed in section 7896-22, Gen- pubfi?"iJ"truc- 
erral Code, there shall be included therein the educational tion included, 
employees of the state department of public instruction. 
The contributions ordinarily made by boards of education 
shall be made in the cases of employees, of the department 
of public instruction by state appropriation and in the cases 
of such other employees as miay be included, from the funds ' 
of the respective boards or organizations. 

Persons so included shall be included in the definition of 
"teacher" as used in sections 7896-1 to 7896-63, General 
Code ; the service of all persons in such capacities shall be 
included as prior service provided such persons are present 
teachers as defined in section 7896-1, General Code, or are 
in the service described in the first sentence of this section 
at the time this section goes into efifect, and in the latter case 
service for the present school year shall be included in the 
prior service of such persons. 

Payments by and for persons included in the retirement when pay- 
system by virtue of this section shall begin September i. ™^"t8 begin. 
1921. 

HISTORY.-109 V. 237. 

Section 7896-23. Members of a local district pension Teachers ex- 
system maintained under the laws of the state of Ohio eluded from 

f . . M • 1 1 11 • membersnip. 

from appropriations or contributions made wholly or in 
part by any employer and existing at the time this bill be- 
comes a law are hereby excluded from membership in this 
retirement system. But should a majority of all the teach- 
ers participating in any such local district pension system 
apply for membership in the retirement system created by 
this act [G. C. §§ 7896-1 to 7896-63] by a petition duly Membership 
signed and verified, approved by their employer, and filed "P°» petition, 
with the retirement board, all the teachers included in the 
membership of such local district pension system shall 
become members of the retirement system created by this 



490 



STATE teachers' RETIREMENT SYSTEM 



Right of de- 
nial to certain 
classes re- 
tained. 



When mem- 
bership shall 
eease. 



Statement 
upon becom- 
ing member. 



Verification 
of statement. 



act at such time within three months after the filing of 
such petition and the compliance with the other provisions 
of this act relative to the dissolution and discontinuance of 
such local district pension system as the retirement board 
shall designate. 

HISTORY.— 108 V. Pt. I 195 (202), § 28. 

Section 7896-24. The retirement board, notwithstand- 
ing the foregoing provisions, may deny the right to become 
members to any class of teachers, whose compensation is 
only partly paid by the state, or who are not serving on a 
per annum basis, or who are on a temporary basis, or who 
are not required to have a teacher's certificate, and it may 
also, in its discretion, make optional with teachers in any 
such class their individual entrance into membership. 

history— 108 V. Pt. I 195 (202), § 24. 

Under the provisions of section 7896-24 G. C, the state 
retirement board of the state teachers' retirement system may, in 
its discretion, make optional with teachers who are not required 
to have a teachers' certificate, their individual entrance into mem- 
bership in the state teachers' retirement system. 

Where a college or institution supported in whole or in 
part by the state, or any subdivision thereof, enters the state 
teachers' retirement system, prior to September 1, 1920. the teachers 
in such college or institution may file with their employer, prior to 
September 1, 1920, a statement in writing request ng exemption 
from membership in the state teachers' retirement system, as 
provided in section 7896-22, paragraph (a). Op. Atty. Gen. (1920), 
p. 638. 

Section 7896-25. The membership of any person in 
the retirement system shall cease if he withdraw his ac- 
cumulated deductions or if he retire on a pension as pro- 
vided in this act [G. C. §§ 7896-1 to 7896-63], or if he die, 
or if, in any four-year period after he last became a mem- 
ber, he shall render less than two years of service as a 
teacher. 

HISTORY.-IO8 V. Pt. I 195 (202), § 25. 

See Opinions of Attorney General No. 2754, (1921), cited 
under Sec. 7896-1. 

Section 7896-26. Each teacher, upon becoming a 

member, shall file a detailed statement of all his previous 
service as a teacher and shall furnish such other facts as 
the retirement board may require for the proper operation 
of the retirement system. 

HISTORY.— 108 V. Pt. I 195 (202), § 26. 

Section 7896-27. To the extent to which it is used in 
determining the liability of any fund created by this act 
[G. C. §§ 7896-1 to 7896-63], the retirement board shall 
verify such statement by the best evidence it shall be able 
to obtain. If official records are not available as to the 
length of service, salary or other information required for 
the administration of this act, the board is hereby empow- 
ered to use its discretion as to the evidence to be accepted. 

HISTORY.— 108 V. Pt. I 195 (302), § ». c 



STATE TEACHERS' RETIREMENT SYSTEM 



491 



Section 7896-28. The retirement board shall credit a service credits, 
year of service to any teacher who is employed in a school 
district for the number of months the regular day schools 
of such district were or shall be in session in said district 
within any year beginning on or about the first day of 
September and ending on or about the first day of August 
following, and shall fix and determine by appropriate rules 
and regulations how much credit shall be given for parts 
thereof, but in computing such service, or in computing 
final compensation, it shall credit no time during which a 
member was absent without pay, and it shall credit not more 
than one year for all service rendei^ed in any school year. 

HISTORY.— 108 V. Pt. I 195 (202), § 28. 

Section 7896-29. Subject to the above restrictions, Certificate, of 
and to such other rules and regulations as the retirement p"°^ service, 
board shall adopt, said board shall issue to each present- 
teacher a certificate certifying to the aggregate length of all 
his prior-service as a teaches as defined in this act [G. C. §§ 
7896-1 to 7896-63]. 

HISTORY.— 108 V. Pt. I 195 (203), § 29. 

Section 7896-30. Any present-teacher or new entrant, Additional 
in addition to service as a teacher as defined in this act cr«^ts. 
[G. C. §§7896-1 to 7896-63], may claim credit for similar 
service as a teacher in the public day schools of another 
state of the United States or of any territory or posession 
of the United States and such service shall be treated by the 
retirement board and included in his prior-service certificate 
as if it were service in the state of Ohio provided the teacher 
shall pay into the employers' accumulation fund an amount 
equal to the additional liability assumed by such fund on 
account of the crediting of such years of service rendered 
outside of the state. The retirement board shall have final 
authority to determine and fix the amount that any teacher 
shall pay on account of such service outside of the state in 
the case of any present-teacher or new entrant, who desires 
to claim outside service and make such payment. 

HISTORY.— 108 V. Pt. I 195 (203), § 30. 

See Opinions of Attorney General No. 1927, (1921), cited 
under Sec. 7896-1. 

Section 7896-31. So long as membership continues, when prior 
a prior-service certificate shall be final and conclusive for J|J^^s1ia*ii'te' 
retirement purposes as to such service, unless modified by conclusive, 
the retirement board upon application made by the member 
or upon its own initiative within one year after the date of 
its issuance or modification, or in case a mistake is found 
therein within one year of the time such mistake is so 
found. 

HIST0RY.~1D8 V. Pt. I 196 (208), § 81. 

Section 7896-32. When a present-teacher ceases to when certifi- 
be a member his prior-service certificate shall be void cate voia. 
and not renewable. 

HISTORY.— 108 V. Pt I IflS (90S), 8 32. 



49^ 



STATE teachers' RETIREMENT SYSTEM 



Total service 
credited at re* 
tirement. . 



Who may 
retire. 



Board may 
retire, whom. 



Allowance 
upon super- 
annuation re> 
tirement. 



Commuted 
superannua- 
tion allow- 
ance. 



Section 7896-33. At retirement the total service cred- 
ited a teacher shall consist of all his service as teacher since 
he last became a member and, if he has a prior-service cer- 
tificate which is in full force and effect, all service certified 
on such prior-service certificate. 

HISTORY." 108 V. Pt. I 195 (203), § 33. 

Section 7896-34. Any teacher, except a new entrant 
with less than five years of service, who has attained sixty 
years of age may retire, if a member, by filing with the re- 
tirement board an application for retirement. The filing of 
such appHcation shall retire such member as of the end of 
the school year then current. At the end of the school year 
in which they become members the retirement board shall 
retire all teachers who were over seventy years of age at 
the time they became members and shall retire all other 
members at the end of the school year in which the age of 
seventy is attained, provided in each case the consent of the 
employer is secured. 

HISTORY.— 108 V. Pt. I 195 (203), § 34; 109 v. 238. 

Section 7896-35. Upon superannuation retirement, a 
teacher shall be granted a retirement allowance consisting 
of: 

(a)' An annuity having a reserve equal to the amount 
of the teacher's accumulated contributions at that time, and 

(b) A pension of equivalent amount; and 

(c) An additional pension, if such teacher is a pres- 
ent-teacher, equal to one and one-third percentum of his 
average final salary multiplied by the number of years of 
service certified in his prior-service certificate. 

HISTORY.— 108 V. Pt. I 195 (204), §35. 

Section 7896-36. Any teacher who has comp^.eted 
thirty-six years of total service may retire, if a member, on 
a commuted superannuation allowance by filing with the 
retirement board an application for such form of allowance. 
The filing of such application shall retire such member as 
of the end of the school year then current. Upon retire- 
ment on a commuted superannuation allowance, a teacher 
shall be granted a retirement allowance consisting of : 

(a) an annuity having a reserve equal to the amount 
of the teacher's accumulated contributions at that time; 
and 

(b) a pension, having a reserve equal to the amount 
of the total liability of the employers' accumulation fund 
for the payment upon superannuation retirement of a pen- 
sion equal to the annuity which the teacher's accumulat'ons 
would purchase provided such teacher made no further 
payments; and 

(c) an additional pension, if such teacher is a present- 
teacher, having a reserve equal to the amount of the total 
liability of the employers' accumulation fund for the pay- 
ment of the pension allowable on superannuation retire- 



STATE teachers' RETIREMENT SYSTEM 493 

ment by reason of prior-service as certified in such teacher's 
prior-service certificate. Provided, however, that no teacher 
retiring after thirty-six years of service shall receive less 
than twenty-five dollars per month as a total retirement al- 
lowance. 

HISTORY.— 106 V. Pt. I 195 (204), S 36. 

Section 7896-37. Medical examination of a member Medical ex- 
for disability shall be made upon the application of the em- JSibfihy? ^^^ 
ployer or upon the application of the member or of a person 
acting in his behalf stating that said member is physically 
or mentally incapacitated for the performance of duty and 
ought to be retired, provided that the said member was a 
teacher as defined in this act [G. C. §§7896-1 to 7896-63] 
for not less than ten years preceding his retirement and was 
a member in each of such ten years which were subsequent 
to the year nineteen hundred and twenty. If such medical 
examination, conducted by a competent disinterested physi- 
cian, or physicians, selected by the retirement board shows 
that the said member is physically or mentally incapacitated 
for the performance of duty and ou?ht to be retired, the 
examining physician, or physicians, shall so report and the 
retirement board shall retire the said member for disability 
forthwith. 

HISTORY.— 108 V. Pt. I 195 (204), § 37. 

Section 7896-38. Upon disability retirement, a mem- Allowance , 
ber shall receive a retirement allowance which shall consist rty°"et1rS''*^' 

of '. ment. 

(a) an annuity having a reserve equal to the amount 
of the teacher's accumulated contributions at that time ; and 

(b) a pension which, together with his annuity, shall 
provide a retirement allowance of one and one-fifth per 
centum of his final average salary multiplied by the number 
of his years of total-service, but not less than thirty per 
centum of said final average salary, with the exception that 
in no case shall the rate per centum of final average salary 
to which said retirement allowance amounts exceed nine- 
tenths of the rate per centum of final average salary to 
which he probably would have been entitled had retirement, 
been deferred to the age of sixty. 

HISTORY.— 108 V. Pt. I 195 (205), § 88. 

Section 7896-39. A disability beneficiary, notwith- Djga^jijty 
standing the provisions of this act [G, C. §§ 7896-1 to 7896- beneficial^ 
63], shall be considered on leave of absence during his first ?ea"ve o7ab°° 
five years on the retired list and shall retain his membership IxaminaHlTn"*' 
in the retirement system. Once each year during said pe- o^ benefidary. 
riod, the retirement board shall require any disability bene- 
ficiary under the minimum age for superannuation retire- 
men to undergo medical examination, said examination to 
be made at the place of residence of said beneficiary or 
other place mutually agreed upon. Upon completion of 
sueh examination by an examining physician, or physicians. 



494 



STATE teachers' RETIREMENT SYSTEM 



Restoration to 
position and 
salary, when. 



Allowance 
ceases on 
resteration to 
active service. 



Effect of re- 
fusal to sub- 
mit to medical 
examination. 



Contributor 
who ceases to 
teach entitled 
to balance; 
limitation. 



selected by the retirement board, the examiner shall report 
and certify to the board whether said beneficiary is phys- 
ically and mentally capable of resuming service similar to 
that from which he was retired. If the retirement board 
concur in a report by the examining physician or physicians 
that the said disability beneficiary is capable of resuming 
service similar to that from which he was retired, the board 
shall so certify to his last employer before retirement and 
said employer by the first day of the next succeeding school 
year shall restore said beneficiary to his previous position 
and salary or to a position and salary similar thereto. 
Should any disability beneficiary die during such leave of 
absence aforesaid his estate shall be paid the balance which 
remains to his credit in the retirement fund at his death. 
Should a disabihty beneficiary be restored to active service 
his retirement allowance shall cease and the annuity and 
pension reserves on his allowance at that time in the annuity 
and pension reserve fund shall be transferred from the an- 
nuity and pension reserve fund to the teachers' savings fund 
and the employers' accumulation fund respectively. Should 
any disability beneficiary, during his first five years on the 
retired list and while under the age of sixty years, refuse to 
submit to a medical examination as required by this act, 
his retirement allowance shall be discontinued until his 
withdrawal of such refusal, and should such refusal con- 
tinue for one year, all' his rights in and to such retirement 
allowance shall be forfeited. After a disability beneficiary 
has been on the retired list for a period of five years he 
shall not be required to submit to further disability exam- 
ination. 

HISTORY.— 108 V. Ft. 1 195 (205), § 39. 

See Opinions of Attorney General No. 2754, (1921), cited 
under Sec. 7896-1. 

Section 7896-40. A contributor who ceases to be a 
teacher for any cause other than death or retirement, upon 
demand, within ten years after such cessation of service, 
shall be paid the accumulated contributions standing to the 
credit of his individual account in the teachers' savings 
fund. Ten years after such cessation of service, if no 
previous demand has been made, any accumulated contri- 
butions of a contributor shall be returned to him or to his 
legal representative. If the contributor or his legal repre- 
sentatives can not then be found, his accumulated contri- 
butions shall be forfeited to the retirement system and cred- 
ited to the guarantee fund. 

HISTORY.-IO8 V. Pt. I 195 (206), § 40. 



Payment on 
dtath of coa 
trdmtor. 



Section 7896-41. Should a contributor die before 
retirement, his accumulated contributions shall be paid to 
his estate or to such person as he shall have nominated by 
written designation duly executed and filed with the retire- 
ment board. If no legal representatives can be found, his 



STATE TEACHERS RETIREMENT SYSTEM 



495 



accumulated contributions shall be forfeited to the retire- 
ment system and credited to the guarantee fund. 

HISTORY— 108 V. Pt. I 195 (206), § 41. 

Section 7896-42. Until the first payment on account Election by 
of any benefit is made, the beneficiary may elect to receive opJon's^*^' 
such benefit in a retirement allowance payable throughout 
life, or the beneficiary may then elect to receive the actuarial 
equivalent at that time of his annuity, his pension, or his 
retirement allowance, in a lesser annuity, or a lesser pen- 
sion, or a lesser retirement allowance, payable throughout 
life with the provision that, 

Option I — If he die before he has received in pay- 
ments the present value of his annuity, his pension, or his 
retirement allowance, as it was at the time of his retire- 
ment, the balance shall be paid to his legal representatives 
or to such person, having an insurable interest in his life, 
as he shall nominate by written designation duly acknowl- 
edged and filed with the retirement board. 

Option 2 — Upon his death, his annuity, his pension, 
or his retirement allowance, shall be continued throughout 
the life of and paid to such person having an insurable 
interest in his life, as he shall nominate by written desig- 
nation duly acknowledged and filed with the retirement 
board at the time of his retirement. 

Option 3 — Upon his death, one-half of his annuity, 
his pension, or his retirement allowance, shall be continued 
throughout the Hfe of such person, having an insurable in- 
terest in his Hfe as he shall nominate by written designation 
duly acknowledged and filed with the retirement board at 
the time of his retirement. 

Option 4 — Some other benefit or benefits shall be paid 
either to the beneficiary or to such other person or persons 
as he shall nominate provided such other benefit or benefits, 
together with such lesser annuity, or lesser pension, or 
lesser retirement allowance shall be certified by the actuary 
engaged by the retirement board to be of equivalent actu- 
arial value to his annuity, his pension or his retirement al- 
lowance, and shall be approved by the retirement board. 

HISTORY.-IO8 V. Pt. I 196 (206), I 42. 



Section 7896-43. Each teacher who is a member of 
the retirement system shall contribute four per centum of 
his earnable compensation not exceeding two thousand dol- 
lars per annum, to the teachers' savings fund. Each em- 
ployer shall deduct from the compensation of each contrib- 
utor on each and every payroll of such contributor for each 
and every payroll period subsequent to the date upon which 
such contributor for each and every payroll period subse- 
quent to the date upon which such contributor became a 
member an amount equal to four per centum of such con- 
tributor's earnable compensation provided that the amount 
of a contributor's earnable compensation in excess of two 
thousand dollars per annum shall not be considered. In de- 



Per centum of 
compensation 
as contribu- 
tion required; 
deductions 
by employer. 



496 



STATE TEACHERS RETIREMENT SYSTEM 



Payment to 
expense ac- 
count. 



Payment to 
"normal con- 
tribution" and 
"deficiency 
contribution'* 
funds* rates, 
how fixed. 



termining the amount earnable by a contributor in a payroll 
period, the retirement board and the employer may consider 
the rate of compensation payable to such contributor on the 
first day of the payroll period as continuing throughout such 
payroll period and deductions may be omitted from com- 
pensation for any period less than a full payroll period, if a 
teacher was not a contributor on the first day of the payroll 
period; and to facilitate the making of deductions, the de- 
duction required of any contributor may be modified in any 
payroll period by an amount not exceeding ten cents. The 
deductions provided herein shall be made notwithstanding 
that the minimum compensation provided for by law for any 
member shall be reduced thereby. Every member shall be 
deemed to consent and agree to the deductions made and 
provided for herein and shall receipt in full for his salary 
or compensation, and payment less said deductions shall be 
a full and complete discharge and acquittance of all claims 
and demands whatsoever for the services rendered by such 
person during the period covered by such payment. Each 
teacher shall pay with the first payment to the teachers' 
savings fund each year, and in addition thereto a sum to 
be determined by the retirement board, but not to exceed 
one dollar, which amount shall be credited to the expense 
fund. • Said payments for the expense fund shall be made 
to the retirement board in the same way as payments to the 
teachers' savings fund shall be made. 

HISTORY.-108 V. Pt. I 195 (207), § 43. 

See Opinions of Attorney General No. 2028, (1921), cited 
under Sec. 7896-56. 

Section 7896-44. Each employer of a teacher who is 
a member of the retirement system shall pay to the em- 
ployers' accumulation fund a certain per centum of the 
earnable compensation of each such teacher to be known 
as the ''normal contribution" and a further per centum of 
the earnable compensation of each such teacher to be known 
as the ''deficiency contribution." The amount paid by an 
employer on account of the deficiency contribution shall 
after the first payment be at least three per centum greater 
than the amount paid by him during the preceding year. 
The rates per centum of such contributions shall be fixed on 
the basis of the liabilities of the retirement system and shall 
be certified to the employers by the retirement board after 
each actuarial valuation. Until the first such certification, 
the normal contribution shall be two and eight-tenths per 
centum of the members' salaries and the deficiency contri- 
butions shall be two and seventy-seven hundredths per 
centum of the members' salaries. 

HISTORY.— 108 V. Pt. I 195 (207), § 44. 

Under the provisions of section 7806-44, boards of education 
are required to pay to the employers' accumulation fund of the 
state teachers' retirement system, both the normal contribution 
and the deficiency contribution mentioned in such section only 
upon those teachers who are members of the retirement system 



STATE teachers' RETIREMENT SYSTEM 497 

and come within the class defined as "contributors" to such system. 
Op. Atty. Gen. (1920), p. 618. 

See Opinions of Attorney General as follows: 

No. 2220, (1921), cited under Sec. 78i)6-55. 

No. 2754, (1921), cited under Sec. 7896-1. 

Section 7896-45. On the basis of regular interest and How "n9nnai 
of such mortality and other tables as shall be adopted by ^2rJ'"'i'"/'°"" 

1 • 111 111' ^*** deter- 

the retirement board, the actuary engaged by the retirement mined, 
board to make each valuation required by this act during the 
period over which the deficiency contribution is payble, im- 
mediately after making such valuation, shall determine the 
uniform and constant percentage of the earnable compen- 
sation of the average new entrant, who is a contributor, 
which, if contributed on the basis of the compensation of 
such contributor throughout his entire period of active serv- 
ice, would be sufficient to provide at the time of his retire- 
ment the total amount of his pension reserve. . The rate 
per centum so determined shall be known as the "Normal 
contribution" rate. After the deficiency contribution has 
ceased to be payable, the normal contribution shall be the 
rate per centum of the earnable salary of all contributors 
obtained by deducting from the total liabilities of the em- 
ployers' accumulation fund of the amount of the funds in 
hand to the credit of that fund and dividing the remainder 
by one per centum of the present value of the prospective 
future salary of all contributors as computed on the basis 
of the mortality and service tables adopted by the retire- 
ment board and on regular interest. The normal rate of 
contribution shall be determined by the actuary after each 
valution, and shall be certified to the employers by the re- 
tirement board and shall continue in force until a new 
valuation and certification. 

HISTORY.— 108 V. Pt. I 195 (208), § 45. 

Section 7896-46. Immediately succeeding the first How "de- 
valuation, the actuary engaged by the retirement board shall JomruTutiW' 
compute the percentage of the total compensation of all con- rate deter- 
tributors during the preceding school year which is equiv- °""^ * 
alent to four per centum of the amount of the total pension 
liability to all contributors not dischargeable during the re- 
mainder of the active service of all contributors by the 
aforesaid normal contribution. The contribution derived 
by deductions at the rate per centum so determined shall be 
known as the "deficiency contribution." 

HISTORY.— 108 V. Pt. I 195 (208), § 46. 

Section 7896-47. Each employer shall pay annually Monthly pay- 
into the employers' accumulation fund, in such monthly or ^Jfoie??ac- 
less frequent installments as the retirement board shall re- cumulation 
quire, an amount certified by the retirement board which 
shall equal the per centum of the total compensation, earn- 
able by all contributors during the preceding school year, 
which is the sum of the two rates per centum hereinbefore 
described and required to be computed, to wit, the sum of 

32 s. L. 



fund. 



498 



STATE TEACHERS RETIREMENT SYSTEM 



the normal contribution rate plus the deficiency contribution 
rate. The aggregate of all such payments by employers 
shall be sufficient, when combined with the amounts in the 
employers' accumulation fund, to provide the pensions pay- 
able out of the fund during the year then current, and if 
not, the additional amount so required shall be collected by 
means of an increased rate per centum of the deficiency 
contribution which shall be certified to the employers by the 
retirement board and shall continue in force for the period 
of one year. 

HISTORY— 108 V. Pt. I 195 (208), § 47. 



When de- 
ficiency con- 
tribution shall 
be discon- 
tinued. 



Notification 
before em- 
ployment. 



Provisions of 
act part of 
contract. 



Where a board of education refuses or neglects to pay its 
normal or deficiency contributions to the state teachers retirement 
system, such local board of education is in dereliction of its duty 
and recourse should be had by those concerned to the provisions 
of section 7610-1, which provides that the county board of educa- 
tion, or the probate court, as the case may be, shall discharge the 
duties which have been neglected by the local board of education, 
and where money has been paid out from the county general fund 
by those authorized for the local board of education, such sum 
shall be a charge against the school district for which the money 
was paid. 

Since January 1, 1922, a board of education, in anticipation of 
the collection of current revenues in any fiscal year, may under the 
provisions of section 5655 (H. B. 33) borrow money and issue 
certificates of indebtedness, but no loans shall be made to exceed 
the amount estimated to be actually received from taxes and other 
current revenues for such fiscal year, after deducting all advances, 
nor shall such certificates run for a longer period than six months 
or bear a greater rate of interest than six per cent., nor shall they 
by sold for less than par with accrued enterest. Op. Atty. Gen. 
No. 3149, May 26, 1922. 

Section 7896-48. The bef orementioned deficiency con- 
tribution contributable by the employers shall be discon- 
tinued as soon as the accumulated reserve in the employers' 
accumulation fund shall equal the present va!ue, as actuar- 
ially computed, and approved by the retirement board, of 
the total liability of such fund for the payment of pensions 
less the present value, computed on the basis of the normal 
contribution rate then in force, of the normal contributions 
to be received on account of teachers who are at that time 
contributors. 

HISTORY.— 108 V. Pt I 195 (209), § 48. 

Section 7896-49. Each employer, before employing 
any teacher to whom this act may apply, shall notify such 
person of his duties and obligations under this act as a con- 
dition of his employment. 

Any such appointment or reappointment of any teacher 
in the public day schools of the state on or after the first 
day of September, nineteen hundred and twenty, or servlcr- 
upon indefinite tenure after that date shall be conditioned 
upon the teacher's acceptance of the provisions of this act 
[G. C. §§ 7896-1 to 7896-63], as a part of the contract 

history.— 108 V. Pt. I 195 (209), | 49. 

See Opinions of Attorney General No. 2220, (1921). cited 
under Sec. 7896-5.5. 



STATE TEACHERS RETIREMENT SYSTEM 



499 



Section 7896-50. During September of each year, or Names of 
at such other time as the retirement board shall approve, fi^^tTbolrd* 
each employer shall certify to the retirement board the 
names of all teachers to whom this act [G. C. §§ 7896-1 to 
7896-63] applies. 

HISTORY.— 108 V. Pt. I 195 (209), § 60. 

Under the provisions of section 7896-50 G. C, the names 
of all teachers to whom the teachers' retirement act applies, must 
be certified by the employer to the state retirement board, and 
teachers over seventy years of age prior to September 1, 1920, 
must be re-employed or re-appointed during the school year 1920- 
1921, in order to become members of the retirement system. 

The state retirement board is without authority to retire 
any teacher soon after the beginning of the school year, 1920-21, 
or at any time during such school year, for the law provides in 
various sections that the retirement of teachers eligible to retirement 
shall he effective as of the end of the school year then current. 

Retirement of teachers over seventy years of age takes 
place on August 31 of the school year in which they become 
members, and the state retirement board shall automatically retire 
all other teachers who are members at the end of the school year 
in which the age of seventy is attained. Pension to any teacher 
could not start on any day prior to the end of the school year 
in which such teacher was retired. 

Teachers over sixty years of age who have taught prior 
to September 1, 1920, and are members of the state teachers' 
retirement system during the school year 1920-21, may retire by 
filing with the retirement board an application for retirement in 
accordance with the provisions of secton 7896-34 G. C, but re- 
tirement and pension would not be effective if granted by the state 
retirement board until the end of the school year then current. 
Op. Atty. Gen. (1920), p. 519. 



Section 7896-51. Each employer shall on the first 
day of each calendar month, or at such less frequent inter- 
vals as the retirement board may approve, notify the retire- 
ment board of the employment of new teachers, removals, 
withdrawals and changes in salary of teachers that shall 
have occurred during the month preceding or the period 
since the period covered by the last notification. 

history.— 108 V. Pt. I 195 (209), § 51. 

Section 7896-52. Each employer shall cause to be 
deducted on each and every payroll of a contributor for 
each and every payroll period, subsequent to the first day 
of September, nineteen hundred and twenty, the contribu- 
tion payable by such contributor as provided in this act 
[G. C. §§7896-1 to 7896-63]. Each employer shall cer- 
tify to the treasurer of said employer on each and every 
payroll a statement as voucher for the amounts so deducted 
and for the amount of the normal contribution and the de- 
ficiency contribution payable by the employer as provided in 
this act. Each employer shall send a duplicate of such state- 
ment to the secretary of the retirement board. 

HISTORY.— 108 V. Pt. I 105 (209), § 52. 

Section 7896-53. The treasurer of each employer on 
receipt from the employer of the voucher for deductions 
from the salaries of teachers and for the contributions of 
the employer as provided in this act [G. C. §§7896-1 to 



Notification 
of changes, 
monthly. 



Deductions 
by employer 
certified to 
treasurer; 
duplicate to 
secretary of 
board. 



Transmittal 
monthly of 

Eayments to 
oard. 



500 STATE teachers' RETIREMENT SYSTEM 

7896-63] shall transmit monthly or at such times as the 
retirement board shall designate the amounts specified in 
such voucher to the secretary of the retirement board. The 
secretary of the retirement board after making a record of 
all such receipts shall pay them to the treasurer of the state 
of Ohio for use according to the provisions of this act. 

HISTORY.— 108 V. Pt. I 195 (210), § 53. 

Employer shaU SECTION 7896-54. Each employer shall keep such rec- 

keep records, ords and shall furnish such information and assistance to 

the retirement board as it may require in the discharge of 

its duties. 

HISTORY.— 108 V. Pt. I 195 (210), § 64. 

Preference of SECTION 7896-55. Employers v^ho obtain funds di- 

tax levy. rectly by taxation are hereby authorized and directed to levy 

annually such additional taxes as are required to provide 
the additional funds necessary to meet the financial require- 
ments imposed upon them by this act [G. C. §§ 7896-1 to 
7896-63], and said tax shall be placed before and in pref- 
erence to all other items except for sinking fund or interest 
purposes. 

HISTORY.— 108 V. Pt. I 195 (210), § 55. 

A board of education which has neglected or refused to 
levy a tax to meet the financial requirements of the state teachers' 
retirement system, in accordance with the provisions of section 
7896-55 G. C, may not create a retirement fund out of which to 
pay the normal and deficiency contributions due from each board of 
education under the teachers* retirement act, by transferring to 
such retirement fund any money available in other funds unless 
such board of education has been granted authority to make such 
transfer by an order of the common pleas court, on an application 
duly made in compliance with the requirements of section 2296 et 
seq. General Code. 

The tuition fund or the contingent fund of a board of 
education may not be used by such board to pay the required 
contribution to the state teachers* retirement system, unless a 
transfer of moneys in such funds is made under the provisions of 
section 2296 et seq.. General Code. 

The normal contribution and the deficiency contribution due 
from a board of education to the state teachers* retirement sys- 
tem are valid, existing and binding obligations, and where a 
board of education has neglected or refused to levy a tax to pay 
such contributions, in the manner provided for in section 7896-55 
General Code, and a transfer of moneys from other funds of the 
board of education is not possible under section 2296 et seq. G. C, 
such board of education may borrow money or issue bonds under 
authority of section 5656 G. C. to meet such obligations. Op. Atty. 
Gen. No. 2220, July 1, 1921. 

The levy provided for by section ^ 7896-55 G. C, is not 
a part of any of the four principal levies of a school district. 
It is accordingly not included within the tuition levy, which to the 
extent of one mill is subject only to the fifteen mill limitation of 
the Smith one per cent law by virtue of the provisions of H. B. 

615 (108 O. L., Part II ), but with other local school levies 

must be brought within the limitation of three mills provided by 
section 5640-3a G. C, as amended in said bill. 

The board of education in making up its annual budget 
must designate the levy under section 7896-55 not as a special 
item of some other fund, but as a separate levy. The budget 
commission in acting upon the school levies is not at liberty to 



STATE teachers' RETIREMENT SYSTEM 5OI 

reduce this levy unless such reduction is compelled by the fact 
that the levy itself, without consideration of contingent and build- 
ing fund levies and so much of the tuition fund levy as is in 
excess of one mill, will exhaust the three mill limitation of section 
5649-3a G. C, or with other levies applicable in the same district 
will cause the ten mill limitation of section 564!>-2 G. C. to he 
exceeded; but if the electors of the district approve additional 
levies under sections 5649-4 and 5040-5 et seq. G. C, the levy 
provided for by section 7896-55 may be included within the levies 
that may be thus made outside of all Imitations. Op. Atty. Gen. 
(1920), p. 560. 

See Opinions of Attorney General No. 2754, (1921), cited 
under Sec. 7896-1. 

Section 7896-56. The funds hereby created are the Various fund» 
teachers' savings fund, the employers' accumulation fund, useV^and^**'' 
the annuity and pension reserve fund, the guarantee fund purposes, 
and the expense fund. 

(a) The teachers' savings fund shall be the fund in 
virhich shall be accumulated contributions from the compen- 
sation of contributors for the purchase of annuities. 

The accumulated contributions of a contributor re- 
turned to him upon his withdraw^al, or paid to his estate or 
designated beneficiary in the event of his death as pro- 
vided in this act shall be paid from the teachers' savings 
fund. Any accumulated contributions forfeited by a failure 
of a teacher or his estate to claim the same as provided in 
this act shall be transferred from the teachers' savings fund 
to the guarantee fund. The accumulated contributions of 
a contributor shall be transferred from the teachers' savings 
fund to the annuity and pension reserve fund in the event 
of his retirement. 

(b) The employers' accumulation fund shall be the 
fund in which shall be accumulated the reserves for the pay- 
ment of all pensions payable as provided by this act. The 
amounts paid by employers on account of their normal con- 
tributions and their deficiency contributions shall be credited 
to the employers' accumulation fund. 

Until the deficiency contribution shall have been dis- 
continued, upon the retirement of a contributor, an amount 
equal to his annuity reserve shall be transferred from the 
emloyers' accumulation fund to the annuity and pension 
reserve fund and a pension equal to his annuity shall be 
paid therefrom. The remainder of any pension granted to 
him shall be paid directly from the employers' accumula- 
tion fund until the pension reserve thereon shall have been 
fully accumulated and the deficiency contribution shall have 
been discontinued. Thereupon, the full reserve on all pen- 
sions theretofore payable from the employers' accumulation 
fund shall be transferred from said fund to the annuity 
and pension reserve fund and said pensions shall thereafter 
be paid from the annuity and pension reserve fund. Upon 
the retirement of a contributor thereafter, the full amount 
of his pension reserve shall be transferred from the em- 
ployers' accumulation fund to the annuity and pension re- 
serve fund. 



502 , STATE teachers' RETIREMENT SYSTEM 

(c) The annuity and pension reserve fund shall be 
the fund from which shall be paid all pensions and annu- 
ities, or benefits in lieu thereof, on account of which reserves 
have been transferred from the teachers' savings fund or the 
employers* accumulation fund as provided in this act. 

When the deficiency contributions have ceased to be 
payable, the full amount of the pension reserves on the 
pensions then directly payable from the employers' accu- 
mulation fund shall be transferred from said fund to the 
annuity and pension reserve fund. The annuity and pen- 
sion reserve fund then and thereafter shall be the fund 
from which shall be paid all annuities and all pensions, and 
all benefits in lieu thereof, which are payable as provided 
in this act. Upon the retirement of a contributor, then 
and thereafter, his accumulated deductions shall be trans- 
ferred from the teachers' savings fund to the annuity and 
pension reserve fund, and an amount equal to his full pen- 
sion reserve shall be transferred from the employers' accu- 
mulation fund to the annuity and pension reserve fund. 

Any teacher at the time of retirement shall be permitted 
to deposit in the annuity and pension reserve fund such 
amounts in multiples of one hundred dollars as such 
teacher shall desire and such teacher shall receive in return 
therefor an annuity having a reserve equal to the amount 
deposited,- provided, that in no case shall a teacher have 
the right to purchase an annuity which together with the 
retirement allowance otherwise provided under the pro- 
visions of this act shall exceed such teacher's final average 
salary. 

(d) A guarantee fund is hereby created to facilitate 
the crediting of uniform interest on the amounts in the 
various other funds with the exception of the expense fund, 
and to provide a contingent fund out of which special re- 
quirements of any of the other funds may be covered. All 
income, interest and dividends derived from the deposits 
and investments authorized by this act shall be paid into 
the guarantee fund. 

The retirement board is hereby authorized to accept 
gifts and bequests. Any funds that may come into pos- 
session of the retirement system in this manner or which 
may be transferred from the teachers' savings fund by 
reason of lack of claimant or because of a surplus in any 
fund created by this act or any other moneys whose dispo- 
sition is not otherwise provided for herein shall be credited 
to the guarantee fund. 

The interest allowed by the retirement board to each 
of the funds as provided in this act f G. C. §§ 7896-1 to 7896- 
63] shall be paid to such funds from the guarantee fund. 
Any deficit occurring in any fund which would not be 
automatically covered by the payments to that fund as other- 
wise provided by this act shall be met by payments from 
the guarantee fund to such fund. Should the amount in 
this fund in any year be insufficient to meeet the amounts 
payable therefrom the amount of such deficiency with reg- 



STATE teachers' RETIREMENT SYSTEM 503 

ular interest added thereto, shall be assessed by the retire- 
ment board in the succeeding years among the employers 
on the basis of the amount of the normal contributions paid 
by them, and the amounts so assessed shall be payable by 
such employers in the same manner and out of the same 
funds as their normal contributions are made and shall be 
credited to the guarantee fund. 

(e) The expense fund shall be the fund from which 
shall be paid the expense of the administration of this act, 
exclusive of amounts payable as retirement allowances and 
as other benefits as provided in this act. 

HISTORY.— 108 V. Pt. I 195 (212), § 56. 

The expense of admini'^tration, including the printing, paper, 
binding and supplies needed by the state teachers* retirement 
system, cannot be paid out of any state funds or appropriations 
beyond the initial appropriation provided in section 78.'i6-58 G. C, 
but such costs are a charge against the expense fund of such re- 
tirement system and should be paid by the retirement board from 
the expense fund created under the provisions of section 78! '6-56 
G. C, and if such expense fund or any of the other separate and 
distinct funds created are at any time depleted, and not sufficient 
to take care of any claims, the retirement board shall be governed 
by the mandate, provided in 7806-56d and pay such deficit by trans- 
fers of moneys from the guarantee fund to the expense fund. Op. 
Atty. Gen. No. 2028, Apr. 27, 1921. 

Section 7896-57. The retirement board shall estimate Annual 
annua. ly the amount required to defray such expense in the 5f/j^^%^° 
ensuing year. The retirement board shall apportion the pense. 
amount of the expense so estimated in equal amounts among 
the contributors, provided that the amount so apportioned 
in any year shall not exceed one dollar per contributor. If 
the amount estimated to be required to meet the expenses 
of the retirement board is in excess of one dollar per con- 
tributor for the year, the amount of such excess shall be 
paid from the guarantee fund. If in the judgment of the 
retirement board, as evidenced by a resolution of that board 
recorded in its minutes, the amount in the guarantee fund 
exceeds the amount necessary to cover the ordinary require- 
ment of that fund for a period of five years in the future, 
the board may transfer to the expense fund such excess 
amount not exceeding the entire amount required to cover 
the expenses as estimated for the year and the retirement 
board may then apportion the remaining amount required 
for the expense fund, if any, among the contributors as 
before mentioned. 

HISTORY.-108 V. Pt. I 195 (212), § 57. 

Section 7896-58. The sum of ten thousand dollars is Appropriation 
hereby appropriated from the moneys in the general rev- menrS^'^lys- 
enue fund of the state of Ohio, not otherwise appropriated, tem. 
for the expense of establishing, organizing and starling the 
operations of the retirement system and of establishins: an 
office therefor. This sum shall be credited to the expense 
fund and expended only on order of the retirement board. 

HISTORY.— 108 V. Pt. I 195 (212), § 68. 

See Opinions of Attorney General No. 2028, (1921) cited under 
Sec 7896-56. 



504 



STATE TEACHERS RETIREMENT SYSTEM 



Merger of 
local system 
with retire- 
ment; pro- 
cedure. 



Section 7896-59. If a local district pension system 
votes to merge with the retirement system as provided in 
this act [G. C. §§7896-1 to 7896-63], the retirement board 
created by this act shall employ an actuary to value the 
assets and liabilities which will be taken over by the retire- 
ment system hereby created in the event of such merger. 
The actuary so employed shall be an actuary also approved 
by the employer in whose district the local district pension 
system is operated, and the expense of the valuation shall 
be paid by such employer. The actuary shall compute the 
present value of the liabilities on account of teachers in 
service in the local district pension system and on account 
of pensioners in the rolls of such local district pension sys- 
tem. He shall also compute the present value of the prospective 
amount to be received by reason of the payment of the nor- 
mal contributions by the employer on behalf of the active 
teachers of such local system in the event of the contem- 
plated merger. From the present value of the total liability 
for pensions on account of teachers in service in the local 
district pension system as previously determined, the actuary 
shall deduct the present value of the normal contributions. 
The amount remaining, together with the excess, if any, of 
the present value of all payments, necessary to continue 
the pensions of the pensioners of the local district pension 
system, over and above the amount of moneys and securities 
of such system, shall be known as the "accrued liability." 
Provided that no teacher, a member of a local district pen- 
sion system at the time of the passage of this act, shall 
receive a lesser total retirement allowance upon retirement 
after merger of the local system with the state system than 
said teacher would have received upon retirement under the 
provisions of the local system. 

HISTORY.— 108 V. Pt. I 195 (213), § 59. 



Deficiencjr 

contribution 
determined. 



Transfer of 
moneys, 
credits, etc., 
in event of 
merger. 



Section 7896-60. The actuary shall then determine 
the amount of a deficiency contribution which payable an- 
nually without regard to the payroll of contributors and in- 
creasing by three per. centum of itself each year, until the 
year in which the deficiency contribution payable by other 
employers who had no local pension system may be ex- 
pected to be discontinued, shall have a present value equal 
to this accrued liability. 

HISTORY.— 108 V. Pt. I 195 (213), § 60. 

Section 7896-61. The increasing contribution so de- 
termined by the actuary shall be paid by the employer in- 
stead of the deficiency contribution computed as otherwise 
provided by this act [G. C. §§ 7896-1 to 7896-63], anything 
to the contrary notwithstanding. In the event of merger, 
the moneys and securities to the credit of the local district 
pension system, not exceeding an aggregate amount equal 
to the present value of the payments to be made on account 
of all pensions to the pensioners on the rolls of the local 
district pension system, shall be transferred to the employ- 



STATE TEACHERS RETIREMENT SYSTEM 



505 



ers' accumulation fund and the pensions then payable by 
the local district pension system shall thereafter be paid 
from the employers* accumulation fund until the reserves 
on these pensions with the other pensions payable from the 
employers' accumulation fund shall have been accumulated 
and shall be transferred to the annuity and pension reserve 
fund, from which fund they shall thereafter be payable. 
The pensions of the active members of the local district 
pension system and of the new-entrants shall thereafter be 
payable as are the pensions of other members of the retire- 
ment system hereby created. The amount of the excess of 
the moneys and securities of the local district pension sys- 
tem over and above the present value of the payments to be 
made on account of all pensions to the pensioners of the 
rolls of the local district pension system shall be transferred 
to the teachers' savings fund and shall be credited pro rata 
to the active teachers of such local district pension system 
on the basis of the amounts of their previous contributions 
to the local district pension system, provided, however, that 
in case such rnethod of distribution shall not be found prac- 
ticable by the retirement board, the board may use such 
other method of apportionment as may seem fair and equit- 
able to such board. The amount so credited in any case 
shall be considered as a part of the teacher's accumulated 
contributions for all purposes except in the case of retire- 
ment in which it shall be considered as an amount in excess 
of the teacher's accumulated contributions and shall be used 
in purchasing from the annuity and pension reserve fund 
an annuity, in addition to any other annuity or pension ben- 
efit otherwise provided by this act. 

After the moneys and securities of any local district 
pension system shall have been transferred to the employers' 
accumulation fund or to the teachers^ savings fund as herein- 
before provided, such local district pension system shall 
cease to exist. 

HISTORY.-IO8 V. Pt. I 195 (213), § 61. 

Section 7896-62. The right of a person to a pension, Exemption of 
an annuity, or retirement allowance itself, any optional ben- allowances 

r, ,1 -1. 1 • . J irom tax, exe- 

ent, any other right accrued or accrumg to any person under cution, etc 
the provisions of this act [G. C. §§ 7896-1 to 7896-63], the 
various funds created by this act and all moneys and invest- 
ments and income thereof, are hereby exempt from any 
state, county, municipal or other local tax, and shall not be 
subject to execution, garnishment, attachment, the oper- 
ation of bankruptcy or insoh^ency laws or any other process 
of law whatsoever, and shall be unassignable except as in 
this act specifically provided, 

HISTORY.— 108 V. Pt. I 195 (214), § 62. 

Section 7896-63. Any person who shall knowingly penalty for 
make any false statement, or shall falsify or permit to be ^]^* ^Jeitrd 
falsified any record or records of this retirement system in etc. 



^ STATE TEACHEW^ RETIREMENT SYSTEM 

any attempt to defraud such system as a result of such act, 
shall be guilty of a misdemeanor and shall upon conviction 
thereof be fined not less than ten nor more than one thou- 
sand dollars. 

HISTORY— 108 V. Pt. I 195 (2U), § 63. 



CHAPTER 27 
NORMAL SCHOOLS 



Section. 

7897. State normal schools; location. 

Maintenance, control, instruction. 

Local tax to aid such school. 



7899. 
7900. 
7901. 
7901-1 



Question to be submitted to vote. 
Wh 



hen another election may be held. 
Establishment of normal school in 
Eastern Ohio. 
7901-2. Commission to select location; report. 
7901-3. Appointment of board of trustees. 



Section. 

7901-4. Organization of board of trustees; 



7901-5. 



7901-6. 



president and treasurer; 
ment of teachers. 



appomt- 



Governor empowered to remove 
members of board and fiU va- 
cancies. 

General Assembly to provide for 
support of normal schools. 



Section 7897. There are hereby created and estab- state normal 
lished two state normal schools to be located as foLows: fjJ°t^on' 
One in connection with the Ohio university, at Athens, and 
one in connection with the Miami university, at Oxford. 

HISTORY.— R. S. § 4094-1; 95 v. 45, § 1. 

The board of trustees of the Ohio university have no right 
under the statutes of Ohio to appropriate private property by 
condemnation proceedings for the needs of the university or of 
the state norma] college. Op. Atty. Gen. (1913), p. 1023. 

A professor in the state normal college at Athens, Ohio, 
holds merely an employment and he is eligible, therefore, to hold 
at the same time the office of member of the general assembly. 
Op. Atty. Gen. (1918), p. 415. 

Section 7898. Boards of trustees of such universities Maintenance, 
shall maintain at their respective institutions a normal school st°ru*ctfon.*" 
which shall be co-ordinate with existing courses of instruc- 
tion, and be maintained in such a state of efficiency as to 
provide proper theoretical and practical training for all stu- 
dents desiring to prepare themselves for the work of teach- 
ing. Such normal schools, in each case shall be under the 
general charge and management of the respective boards of 
trustees of such universities. 

HISTORY.-R. S. § 4094-2; 95 v. 45, § 2. 

See Opinions of Attorney General (1913), p. 1023, cited 
under Sec. 7897. 



The trustees of any township in this Lo^ai tax 

to aid such 



school. 



Section 7899. 
state, in which a normal school is organized and conducted 
annually may levy a tax, not exceeding two mills on the 
dollar upon all the taxable property of the township for 
the purpose of aiding in the support of such normaj school. 

HISTORY.-R. S. § 40^-7; 97 v. 889, § 1. 

Section 7900. Before the tax can be levied, the ques- Question to 
tion of making a levy for such purpose, shall be submitted J*^ vo"te°^*"^'^ 
to the qualified electors of the township, at a special or gen- 
eral election to be held therein, due notice of which must 
be given at least twenty days prior to the election, by pub- 



So8 



NORMAL SCHOOLS 



When another 
election may 
be held. 



Establishment 
of normal 
school in 
eastern Ohio. 



lication in some newspaper of general circulation in the 
township. If the majority of the votes cast at such election 
upon the question of tax levy is in favor of levying a tax, 
then the trustees of the township thereafter annually shall 
make the levy and report it to the county auditor for col- 
lection as other taxes to be paid over, when collected, to 
the duly qualified and acting treasurer of the board of trus- 
tees of such normal school. 

HISTORY.— R. S. § 4094-8; 97 v. 389, § 2. 

Section 7901. At any time after four years from 
the date of such an election, another election may be 
petitioned for and shall be ordered by the trustees of the 
township, if the petition be signed by at least forty per 
cent of the qualified electors of the township. 

HISTORY.— R. S. § 4094-9; 97 v. 389, § 3. 

Section 7901-1. That the normal school system of the 
state of Ohio created and established by chapter ten of the 
General Code, be extended by the creation and establish- 
ment of one additional state normal school to be located in 
eastern Ohio, and to be so located as to afiford the best 
opportunity possible for all the people to obtain the benefits 
and advantages to be derived from teachers trained both 
theoretically and practically. Such school shall not be lo- 
cated in any city or village which now has a college located 
therein. 

HISTORY.— 106 V. 490, § 1. 

Section 7901-2. Within thirty days after the passage 
of this act [G. C. §§7901-1 to 7901-5] the governor shall 
appoint a commission composed Of five persons, not more 
than three of whom shall be from any one political party, 
and no one of vv^hom shall be personally or financially inter- 
ested in any site determined upon by said commission. Said 
appointees shall constitute a commission with full power and 
authority to select suitable locations, lands, or lands and 
buildings and secure options on the same as said commis- 
sion may find necessary for the establishment of said nor- 
mal school and upon such terms and conditions as said com- 
mission may deem to be for the best interests of the state 
and submit a report of their proceedings to the governor 
for his approval on or before the first day of December, 
1915. The members of said commission shall serve without 
compensation but shall be paid their reasonable and neces- 
sary, expenses while in the discharge of their ofiRcial duties 
and shall serve until the appointment and organization of 
the boards of trustees, hereinafter provided. 

HISTORY.-IO6 V. 490, § 2. 

Appointment SECTION 7901 -3. As soon thereafter as the General 

tXiste°S!*^ °^ Assembly shall appropriate a sufficient amount of money 

for the purchase of said site and the erection of suitable 

buildings thereon, the governor shall appoint by and with 

the advice and consent of the senate five competent persons 



Commission 
to select loca- 
tion; report. 



NORMAL SCHOOLS 5O9 

who shall constitute a board of trustees for the proposed 
normal school in the eastern portion of Ohio. 

HISTORY.-IO6 V. 490 (491), § 8. 

Section 7901-4. The board of trustees shall organize OrRanization; 
immediately after its appointment by the election from its J°J^ °^ ^'^^^ 
members, of a president, a secretary and a treasurer. The 
treasurer, before entering upon the discharge of his duties 
shall give bond to the state of Ohio for the faithful per- 
formance of his duties and the proper accounting for all 
moneys coming into his care. The amount of said bond 
shall be determined by the trustees, but shall not be for less 
sum than the estimated amount which may come into his 
control at any time. Said bond shall be approved by the 
attorney general. 

Before adopting plans for the buildings of said nor- selection of 
mal school the board shall elect a president of known ability president, 
for the school under its control, who shall have advisory 
power in determining said plans. In planning said build- 
ings, ample provisions shall be made for the establishment 
of a well equipped department for the preparation of teach- 
ers in the subject of agriculture. 

The board of trustees in connection with the president Corps of 
of the normal school shall elect and appoint an able and *«aciiers. 
efificient corps of instructors for the said school, provide a 
suitable course of study for the theoretical and practical 
training of students who desire to prepare themselves for 
the work of teaching, fix rates of tuition and provide proper 
equipment. 

Said board shall proceed without unnecessary delay to Purchase of 
purchase said selected sites, lands and buildings, as the case tion^oT^bSid- 
may be, and erect thereon suitable and substantial buildings, ^"k«- 
or enlarge, reconstruct and properly repair in a suitable and 
substantial manner such building or buildings, if any there 
be, and complete said buildings as soon as conditions will 
permit. And said board of trustees shall do any and all 
things necessary for the proper maintenance and successful 
and continuous operation of said normal school and may 
receive donations of lands and moneys for the purpose of 
said normal school. 

The governor when appointing said board of trustees Terms of 
shall designate one member of the board to serve one year, ™^" *^** 
one to serve two years, and one to serve three years, one to 
serve four years and one to serve five years and thereafter 
one trustee shall be appointed annually for five years for 
the control and management of said normal school. They 
shall serve without compensation other than their reason- 
able and necessary expenses while engaged in the discharge 
of their official duties. Not more than three members of 
the board shall be selected from any one poliitical party. 

HISTORY.-IO6 V. 490 (491), § 4. 



5IO 



NORMAL SCHOOLS 



Removak and 
vacancies. 



[Support of.] 



Normal 
sckools. 



Section 7901-5. The governor shall have power to 
remove for just cause any appointees herein named, when, 
in his judgment, he deems it necessary, and shall fill all 
vacancies that may occur. 

HISTORY.— 106 V. 490 (492), § 5. 

[Section 7901-6.] The said normal school shall be 
supported by such sums and in such manner as the General 
Assembly may from time to time provide. 

history.— 106 V. 490 (492), § 6. 

Money never appropriated by G. A. to carry out provision of 
above act. 

AN ACT 

To provide for the appointment of a commission to establish two 
normal schools and to provide for the maintenance thereof. 

Be it enacted by the General Assembly of the State of 
Ohio : 

Section i. That the normal school system of the 
state of Ohio created and established by chapter ten of the 
General Code, be extended by the creation and establish- 
ment of two additional state normal schools, one in north- 
eastern Ohio and one in northwestern Ohio, to be so lo- 
cated as to afford the best opportunity possible for all the 
people to obtain the benefits and advantages to be derived 
from teachers trained both theoretically and practically. 
Neither of such schools shall be located in any city or vil- 
lage which now has a college located therein. loi V. 320. 

Section 2. Within thirty days after the passage of 
this act the governor shall appoint a commission composed 
of five persons, not more than three of whom shall be from 
any one of political party, and no one of whom shal be per- 
sonally or financially interested in any site determined upon 
by said commission. Said appointees shall constitute a 
commission with full power and authority to select suitable 
locations, lands, or lands and buildings and secure options 
on the same as said commission may find necessary for the 
establishment of said normal schools and upon such terms 
and conditions as said commission may deem to be for the 
best interests of the state and submit a report of their pro- 
ceedings to the governor for his approval on or before the 
first day of December, 1910. The members of said com- 
mission shall serve without compensation but shall be paid 
their reasonable and necessary expenses while in the dis- 
charge of their official duties and shall serve until the ap- 
pointment and organization of the boards of trustees, here- 
inafter provided. 10 1 V. 320. 

Section 3. As soon thereafter as the general assembly 
and*^Bowiin?* ^^^^^ appropriate a sufficient amount of money for the pur- 
Green), chase of said sites and the erection of suitable buildings 
thereon, the governor shall appoint by and with the advice 
and consent of the senate five competent persons who shall 
constitute a board of trustees for the proposed normal 



Normal 

school 

commission. 



Board of 



NORMAL SCHOOLS 511 

school in the northeastern portion of Ohio and five other 
competent persons who shall constitute a board of trustees 
for the proposed normal school in the northwestern portion 
of Ohio. 

Section 4. Each board of trustees shall organize Organization 
immediately after its appointment by the election from its **^ *'°**"*** 
members of a president, a secretary and a treasurer. The 
treasurer, before entering upon the discharge of his duties 
shall give bond to the state of Qhio for the faithful per- 
formance of his duties, and the proper accounting for all 
moneys coming into his care. The amount of said bond 
shall be determined by the trustees, but shall not be for a 
less sum than the estimated amount which may come into 
his control at any one time. Said bond shall be approved 
by the attorney general. 

Before adopting plans for the buildings of said normal 
schools each board shall elect a president of known ability 
for the school under its control, who shall have advisory 
power in determining said plans. In planning said build- 
ings, ample provisions shall be made for the establishment 
of a well equipped department for the preparation of 
teachers in the subject of agriculture. 

The boards of trustees in connection with the presi- Teachers and 
dents of the normal schools shall select and appoint an able fJ^J^yf °^ 
and efficient corps of instructors for the said schools, pro- 
Vide a suitable course of study for the theoretical and prac- 
tical training of students who desire to prepare themselves 
for the work of teaching, fix rates of tuition and provide 
proper equipment 

Said boards shall proceed without unnecessary delay Buildings, 
to purchase said selected sites, lands and buildings, as the 
case may be, and erect thereon suitable and substantial 
buildings or enlarge, reconstruct and properly repair in a 
suitable and substantial manner such building or buildings, 
if any there be, and complete said buildings as soon as con- 
ditions will permit. And said board of trustees shall do 
any and all things necessary for the proper maintenance and 
successful and continuous operation of said normal schools 
arid may receive donations of lands and moneys for the 
purpose of said normal schools. 

The governor when appointing said board of trustees Terms of 
shall designate one member of each board to serve one year, tr«te«*- 
one to serve two years, and one to serve three years, one to 
serve four years and one to serve five years and thereafter 
one trustee for each board shall be appointed annually for 
five years for the control and management of said normal 
schools. They shall serve without compensation other than 
their reasonable and necessary expenses while engaged 
in the discharge of their official duties. Not more than 
three members of each board shall be selected from any one 
political party. loi V. 320. 



512 - NORMAL SCHOOLS 

Removal of SECTION 5. The governor shall have power to remove 

appointees. for just causc any appointees herein named, when, in his 

judgment, he deems it necessary, and shall fill all vacancies 

that may occur. 

Section 6. The said normal schools shall be sup- 
ported by such sums and in such manner as the general as- 
sembly may from time to time provide. loi V. 320. 

Passed May loth, 1910. 
Approved May 19th, 1910. 

The State Normal Schools at Bowling Green and Kent were 
established and are operating under the provisions of the above act. 



CHAPTER 28 
COLLEGES AND UNIVERSITIES 

MUNICIPAL UNIVERSITIES 



MUNICIPAL UNIVERSITIES 
Section. 

4001. Administration, management of 

municipal universities. 

4002. Directors, how appointed. 

4003. Powers and duties of directors. 
4020. Municipal tax levy for private aaso- 

tiation maintaining free art gallery. 

7902. Municipal university; powers of di- 

rectors. 

7908. City solicitor to act as attorney. 

7904. When board may confer degrees. 

7905. Municipal university defined. 

7906. Council may provide site for munici- 

pal university. 

7907. Hov/ such grant changed. 

7908. Tax levies. 

7909. When levy to be made. 

7910. Municipal corporation may issue 

bonds to erect and equip additional 
buildings. 

7911. How such bonds to be issued. 

7912. Disposal of bonds. 

7913. Power and control vested in di- 

rectors. 

7914. Duties of trustees of sinking fund. 

7915. Board of directors of educational in- 

stitution may accept educational 
trusts. 
7915-1. Exemption from taxation. 

7916. How trust funds to be applied. 

7917. Trusteeship to vest in city, etc. 

7918. Account of receipts and expendi- 

tures of endowment fund. 

7919. Investments. 

7920. - Citizens not to be charged for ad- 

mission of children. 

7921. Board of education to have control 

and management of property held 
. in trust for educational purposes. 

7922. Tax levy. 

STATE UNIVERSITIES GENERALLY 



MIAMI UNIVERSITY 



Section. 



7940. 
7941. 



7941-1. 



7942. 



7943. 
7944. 
7945. 
7946. 
7947. 
7948. 

7949. 

795Q. 



7960-1. 
7950-2. 

7951. 

7952. 

7953. 

79M. 
7954-1. 



7923. Declaration of policy of state with 

respect to Ohio State University, 
Ohio University and Miami Uni- 
versity. 

7930. Students non-resident of Ohio may 

be required to pay tuition at state 
universities and normal schools. 
7930-1. One-year citizen who was in World 
War admitted to state aid uni- 
versities, colleges and schools with- 
out payment of tuition. 

7931. Inspection of state aid universities 

and colleges by state bureau of 
public accounting. 

OHIO UNIVERSITY 

7931-1. Appointment of trustees of Ohio | 7961-1. 
Universtiy. j 

7932. Provision for sale of Ohio University | 

lands held under lease. ' j 7961-2. 

7933. Owner to receive deed; form of. 7961-3. 

7934. Validity of such deed. i 

7935. Registry of deed, etc., to be kept. 

7936. Deposit of money; power of trustees, j 7961^. 

7937. Levy and collection of state tax i 

upon lands donated to Ohio Uni- I 7961^. 
versity. I 

7938. Tax in lieu of rents; tax collected 

from railroad companies. I 



7955. 
7955-1. 



7956-2. 
7955-3. 



7956. 
7957. 

7958. 
7959. 
7960. 
7961. 



Appointment of trustees of Miami 
University. 

Annual report; contents. 

Duty of standing committee on col- 
leges and universities. 

Deposit of donations and bequests, 
when converted. 

OHIO STATE UNIVERSITY 

Appointment of trustees of Ohio 
State University; term, expenses, 
etc. 

Style and power of trustees. 

Officers of the board. 

Bond of treasurer, where filed. 

Meetings of board. 

Annual report of trustees; contents. 

Board may make rules and regula- 
tions. 

Election of president, professors, etc., 
and course of instruction. 

Board of trustees of Ohio State Uni- 
versity to have supervision of prop- 
erty of university and to control 
expenses thereof. 

High school on campus of Ohio 
State University. 

Trustees of Ohio State University 
authorized to enter into contract 
permitting alumni to erect dorm- 
itory building. 

Board may receive devises of land, 
etc. 

Title of lands to be vested in state, 
etc. 

Attorney General to be legal advisor 
of the board. 

Who admitted as pupils, lectures. 

Establiskment of colleges of medi- 
cine and dentistry in Ohio State 
University. 

Branches prescribed. 

Authority to establish university ex- 
tension division; purposes. 

Further purposes. 

Board_ of trustees of Ohio State Uni- 
versity authorized to carry on in- 
vestigations, etc. 

Duties of board as to cereals, etc. 

Collections of specimens of geology, 
etc. 

Department of ceramics. 

Special instruction therein. 

Laboratory. 

Employment of expert to conduct 
department of ceramics. 

Establishment of engineering experi- 
ment station at Ohio State Uni- 
versity. 

Purposes of station. 

Board of trustees shall have control; 
administrative and fiscal officers, 
terms. 

Laboratories and equipment of col- 
lege available for use. 

Station not to be conducted for 
financial advantage; may be re- 
quired to give assistance to other 
state departments. 



33 s. L. 



(513) 



514 COLLEGES AND UNIVERSITIES 

Section. I Section, 

7962. Establishment of a school of mines, j 14984. Trustees of Ohio State University 

7963. Employment and duties of in- ^ may erect residences for faculty. 

structors. j 14985. Acts repealed. 

7964. Written analysis of fertilizers. : 14986. Computation and investment of in- 

7971. Funds from sale of land scrip. \ terest. 

7972. Investment of interest of "scrip | 14987. Trustees of Ohio State University 

fund". j authorized to make deeds. 

7973. College of agriculture and domestic 1 Building fund for Ohio State and 

science to arrange for extension of I other universities supported by the 

work throughout state. | state; appropriation. 

7974. Instructions to be given; contests. 

7974-1. Establishment of agricultural school WILBERFORCE UNIVERSITY 

at New Lyme; control and super- ; 

vision. 7975. Normal and industrial department to 

7974-2. Trustees may receive and control j be established at Wilberforce. 

certain property. 7976. Board of trustees at Wilberforce. 



7974-3. Branches of learning to be taught at 
Ohio State University. 

14976. To be known as "The Ohio State 

University." 

14977. Establishment and style of college. 

14978. Location of the college; sundry 

provisos. 

14979. Acceptance of ceded lands. 
Compensation for damages to lands 

may be demanded, etc. 



977. Choosing of trustees by university 

board. 

7978. Vacancies. 

7979. Name of trustees to be certified to 

governor. 

7980. Meetings of trustees; their expenses. 

7981. Powers and duties of trustees. 

7982. Non-sectarian character of depart- 

ment. 

7983. Bond of treasurer. 



14981. Title of_ lands invested in trustees j 7985. Designation of pupils by members of 



of agricultural college, etc 

14982. Division of unsold lands into tracts, 

etc.; tracts to be numbered and ap- 
praised. 

14983. To be sold at private or public sale; 

contracts of sale to be recorded 



general assembly. 

7986-1. Application of funds. 

154-60. H. B. No. 325 (109 O. L. 360) Con- 
strued. Department of highways 
and public works; powers and 
duties. 



etc. ' I 2281. Officers entitled to state documents. 

Administra- Section 4^^'^- ^^ any municipal corporation having 

tion manage- ^ univcrsity supportcd in whole or in part by municipal tax- 
ation all the authority, powers and control vested in or be- 
longing to such corporation with respect to the management 
of the estate, property and funds given, transferred, cov- 
enanted or pledged to such corporation in trust or otherwise 
for such university, as well as the government, conduct and 
control of such university shall be vested in and exercised 
by a board of directors consisting of nine electors of the 
municipal corporation. 

HISTORY.— 96 v. 91, § 217; R. S. Bates, § 1536-933. 

It is not necessary for that portion of the funds of the 
municipal university of the city of Toledo, raised by taxation 
under provision of section 7908, G._ C, to be appropriated by the 
council of said city under provision of section o649-3d, G. C. 
The provisions of section 4001, G. C, taken in connection with 
the provisions of section 7902, et seq. of the General Code, 
and the provisions of sections 129 and 130 of the charter of 
said city of Toledo, applicable to the administration of said 
university funds, vest in the board of directors, created as pro- 
vided in said section 4001, et seq., of the General Code, the 
administration and full control of said funds, the sarne to be paid 
out by the city treasurer upon the order of said board of 
directors and the warrant of the city auditor (director of finance 
of said city) under provision of the latter part of section 7909 
G. C. Op. Atty. Gen. (1916), p. 1207. 

See Opinions of Attorney General (1918), p. 568, cited under 
Sec. 7908. 

T^ , . Section 4002. Such directors shall be appointed by 

Lhrectors, how ' . . , . , c <• 

appointed. the mayor of the municipal corporation, three for a term 01 

two years, three for a term of four years and three for a 
term of six years, and thereafter as the terms expire the 
mayor shall appoint three directors for a term of six years 
each and shall fill all vacancies in the board. Such board 



COLLEGES AND UNIVERSITIES 51 5 

of directors shall be known as "The Board of Directors of 

University" (filling out blank with the 

name of the university). 

HISTORY.— 96 v. 91, § 217; R. S. Bates, § 1536-933. 

See Opinions of Attorney General (1916), p. 1207, cited under 
Sec. 4001. 

Section 4003. Such directors shall serve without com- powers and 
pensation and shall have all the powers and perform all the duties. 
duties conferred or required by law in the government of 
such university, and the execution of any trust with respect 
thereto imposed upon the municipal corporation. 

HISTORY.— 96 v. 91, § 217; R. S. Bates, § 1536-933. 

See Opinions of Attorney General (1916), p. 1207, cited under 
Sec. 4001. 

Section 4020. The council of each city may levy and Compensation 
collect a tax not to exceed one-quarter of one mill on each conJJSny^^for 
dollar of the taxable property of the municipality each year, maintaining 
and pay it to a private corporation or association maintain- gaiiery!^ 
ing and furnishing a free museum or gallery for the exhi- 
bition of paintings, sculpture and other works of art, and, 
in connection therewith, an academy for advancing, im- 
proving and promoting painting, sculpture, drawing, archi- 
tecture and other fine arts, and furnishing instruction there- 
in by lectures and otherwise, for the benefit of the inhab- 
itants of the municipality, as and for compensation for the 
use and maintenance thereof. Without change or interfer- 
ence in the organization of such corporation or association, 
the council shall require the treasurer of such corporation 
or association to make an annual financial report, setting 
forth all the money and property which has come into its 
hands during the preceding year, and its disposition thereof, 
together w4th recomendation as to future necessities. 

history.— 98 V. 146, § 218a; R. S. Bates, § 1536-934a. 

Section 7902, As to all matters not herein or other- -^^^^^-^ ^j 
wise provided by law, the board of directors of a municipal university; 
university, college or institution, shall have all the authority, ?e^ors. °^ ^*' 
power and control vested in or belonging to such municipal 
corporation as to the sale, lease, management and control 
of the estate, property and funds, given, transferred, cov- 
enanted or pledged to such corporation for the trusts and 
purposes relating thereto and the government, conduct and 
control of such university, college or institution. It may, 
unless prohibited by the terms of the trust under which such 
estate or property is held, sell, or lease perpetually or for 
any less period and with or without a privilege of purchase 
at a fixed price, any part or the whole of any such estate 
or property, and on sale, or on an election to purchase under 
a lease containing a privilege to purchase as aforesaid, con- 
vey or transfer such estate or property, and if heretofore 
any lease with a privilege of purchase at a fixed price shall 
have been executed and delivered by said board, or any 
board preceding it in office, for any part or the whole of 



5i6 



COLLEGES AND UNIVERSITIES 



Deeds. 



By-laws. 



City solicitor 
to act as 
attorney. 



any ^ such estate or property, said board shall on an 
election to purchase under such lease convey such premises. 
All instruments affecting real estate shall be executed on 
behalf of the board by such of its officers as it shall desig- 
nate by resolution, authorizing the execution of such instru- 
ment and all deeds so executed shall convey all the title of 
said board and of such municipal corporation in and to the 
real estate so conveyed ; it may appoint a clerk and all agents 
proper and necessary for the care and administration of the 
trust property and the collection of the income, rents and 
profits thereof ; appoint the president, secretaries, profes- 
sors, tutors, instructors, agents and servants, necessary and 
proper for such university, college or institution and fix 
their compensation ; provide all the necessary buildings, 
books, apparatus, means and appliances, and pass such by- 
laws, rules and regulations concerning the president, secre- 
taries, professors, tutors, instructors, agents and servants, 
and the admission, government and tuition of students as 
it deems wise and proper, and by suitable by-laws, delegate 
and commit the admission, government, management and 
control of the students, courses of studies, disciphne and 
other internal affairs of such university, college or institu- 
tion to a faculty which the board appoints from among the 
professors. 



HISTORY.— R; S. § 4099; 67 v. 



97 V. 542; 101 



237. 



State, 



This and the following provisions are constitutional : 
ex rel, v. Toledo, 13 O. C. D. 327. 

The erection of a house for the president of the university 
of Cincinnati was held to be a proper exercise of university- 
function: Cincinnati v. Jones, 16 O. D. (N. P.) 343, 3 O. L. R. 
455 [affirmed, Cincinnati v. Jones, 18 O. C. D. 210]. ^ < 

The courts cannot control the conduct of the board of directors 
in matters which are entrusted by law to their discretion, upon the 
ground that they are acting unwisely: State, ex rel/, v. Schauss, 
3 O. C C. (N. S.) 388, 13 O. C D. 283. 

A board of directors which is appointed under this section, 
or which acts under G. C. § 7921, is not a corporation, but is a 
legal body upon which certain powers have been conferred by 
statute. A conveyance to a municipal corporation of trust property 
for the purposes for which it was ordinarily dedicated does not 
deprive the board of the powers and interests conferred upon them 
by the original donation : State, ex rel., v. Toledo, 3 O. C. C. 
(N. S.) 468, 13 O. CD. 327. 

The city of Cincinnati has poAver to take and hold property 
in trust for educational purposes : Perin v. Carey, 24 How. 465. 

See Opinions of Attorney General (1916), p. 1207, cited under 
Sec. 4001. 

Section 7903. When requested so to do by resolution 
of such board, the solicitor of such municipal corporation 
shall prosecute and defend, as the case may be, for and in 
behalf of the corporation, all complaints, suits and contro- 
versies in which the corporation or such board is a party, 
and which relate to any property, funds, trusts, rights, 
claims, estate or affairs under the control or direction of 
the board, or which, in any manner, relate to the conduct 
or government of such university, college or institution. 

HISTORY.— R. S. § 4099; 67 v. 86, § 3; 97 v. 542. 



COLLEGES AND UNIVERSITIES 517 

Section 7904. The board of directors of such univer- when board 
sity, college or institution, upon the recommendation of the ^g^^rees"^^'^ 
faculty thereof, may confer such degrees and honors as are 
customary in universities and colleges in the United States, 
and such others as with reference to the course of studies 
and attainments of the graduates in special departments it 
deems proper. 

HISTORY.— R. S. § 4102; 67 v. 86, § 4; 97 v. 544. 

Section 7905. A university supported in whole or in university 
part by municipal taxation, is defined as an assemblage of <^^fi"®<*' 
colleges united, under one organization or management, 
affording instruction in the arts, sciences and the learned 
professions, and conferring degrees. 

HISTORY.— R. S. § 4102; 67 v. 86, § *; 07 v. 544. 

The word "university" in G. C § 4001 is used in its popular • 
and not in its technical sense : Waddick v. Merrill, 5 O. C. C. 
(N. S.) 103, 16 O. C. D. 437. 

The definition of a "university" given in this section can 
have no bearing on the question of control of a school established 
by a private donor to carry out his purposes in regard to education, 
and endowed by his property and the property of others given for 
the same purpose. The denominating of such a school as a 
"university" does not deprive it of the protection of the con- 
stitution of the state and the guaranty that all private property 
shall ever be held inviolate, notwithstanding it has not yet attained 
to the full scope of a university: State, ex rel., v. Toledo, 5 O. C. 
C (N. S.) 277, 16 O. C D. 628. 

Although not, technically speaking, a "university" within the 
meaning of this section, the Toledo university is governed by 
the laws which relate to municipal unviersities : Waddick v. 
Merrill, 5 O. C C. (N. S.) 103, 16 O. C. D. 437. 

Section 7906. The' council of any such municipal cor- council may 
poration may set apart, or appropriate as a site for the foJ^municfpai 
buildings and grounds of such a university, college or insti- university, 
tution, public grounds of the city not especially appropriated 
or dedicated by ordinance to any other use, any other law 
to the contrary notwithstanding; and the board of education 
of such a municipal corporation also, for a like purpose 
may set apart, convey or lease for a term of years, any 
grounds or buildings owned or controlled by such board. 

HISTORY.— R. S. § 4103; 67 v. 86, § 5; 82 v. 121; 89 v. 251; 97 v. 644. 

This section is constitutional: State, ex rel., v. Toledo, 3 O. 

C. C (N. S.) 468, 13 O. C. D. 327. 

A municipal corporation may set apart public^ ground for a 
municipal university which has been created by private endowment, 
although such ground has been paid for out of the funds raised by 
general taxation : Cincinnati v. McMicken, 6 O. C. C. 188, 3 O. C 

D. 409 [affirmed, without report, McMicken v. Cincinnati, 29 Bull. 
168]. 

The word "university" in G. C. § 4001 is used in its popular 
and not in its technical sense: Waddick v. Merrill, 5 O. C. C. 
(N. S.) 103, 16 O. C. D. 437. 

Section 7907. Any grant for the use of such grounds. How such 
or buildings heretofore or hereafter made by any council 8:rant changed, 
or board of education, may be modified, changed or ex- 
tended as to the time when it shall take effect and be in 
force, or otherwise, by agreement between such council, or 



5l8 COLLEGES AND UNIVERSITIES 

board of education, and the board of directors of such uni- 
versity, college or institution. Such council shall be taken 
and held to be the representative of such municipal corpo- 
ration vested with the title, right of possession and entire 
control of such property for the purposes of a new grant. 

HISTORY.— R. S. § 4103; 67 v. 86, § 5; 82 v. 121; 89 v. 251; 97 v. 544. 

Physical culture is included as a necessary university purpose, 
and inclosure of part of the university grounds as an athletic 
field is a necessary and proper use thereof : University Directors 
V. Cincinnati, 1 O. N. P. (N. S.) 105, 13 O. D. (N. P.) 741. 

Tax levies. Section 7908. The council annually may assess and 

levy taxes on all the taxable property of such municipal 
corporation to the amount of five-tenths of one mill on the 
dollar valuation thereof, less the amount necessary to be 
levied to pay the interest and sinking fund on all bonds 
issued for the university subsequent to June i, 1910, to be 
applied by such board to the support of such university, 
college or institution and also levy and assess annually five 
one-hundredths of one mill on the dollar valuation thereof, 
for the establishment and maintenance of an astronomical 
observatory, or for other scientific purposes, to be deter- 
mined by the board of directors and to be used in connec- 
tion with such university, college or institution, the proceeds 
of which shall be applied by the board of directors for such 
purposes exclusively. But such taxes shall only be levied 
and assessed when the chief work of such university, col- 
lege or institution is the maintenance of courses of instruc- 
tion, in advance of, or supplementary to, the instruction 
authorized to be maintained in high schools by boards of 
education. 

The above tax levies shall not be subject to any limita- 
tions of rates of taxation or maximum rates provided by 
law, except the limitations herein provided, and the fur- 
ther exception that the combined maximum rate for all 
taxes levied in any year in any city or other tax district 
shall not exceed fifteen mills. 

HISTORY.— R. S. § 4104; 67 v. 86, § 6; 75 v. 133, § 1; 90 v. 150; 94 v. 
399; 96 v. 548; 97 v. 544; 98 v. 128; 103 v. 472. 

This section is constitutional: State, ex rel, v. Toledo, 3 
O. C. C. (N. S.) 468, 13 O. C. D. 327. 

The erection of a dwelling house for the president is a 
proper expenditure of university funds : Cincinnati v. Jones, 16 
O. D. (N. P.) 343, 3 O. L. R. 455. 

A manual training and polytechnic school which is founded 
upon private donation accepted under G. C. § 7915, et seq., is not 
a public school in the sense that high .schools and grammar schools 
are pubUc schools, although tuition therein is free: State, ex rel., 
V. Schauss, 3 O. C. C. (N. S.) 388, O. C. D. 283. 

The city auditor of a city maintaining a municipal university 
exercises the same function respecting the expenditures of appro- 
priations from levies for the support of such university or for 
the maintenance of astronomical observatory, or for other scientific 
purposes, as he does over the expenditures of any other municipal 
appropriation. 

The council of such city may make the second levy mentioned 
in section 7908 G. C. exclusively for the maintenance of the 
observatory, exclusively for other scientific purposes pertaining to 



COLLEGES AND UNIVERSITIES 



519 



the university, or jointly for both. When made in any of these 
forms the proceeds of the levy should be appropriated generally, 
as the directors of the university have wide, though not absolute, 
discretion as to the expenditure of the funds so levied. Op. Atty. 
Gen. (1918), p. 711. 

Ihe directors of a municipal university must submit an 
estimate of the needs of their institution just as the heads of 
other departments in the city government must submit them,_ to 
the mayor, as a part of the process of making up the municipal 
budget. The mayor may reduce any item therein ; the council when 
it makes the levy may, if necessary, reduce such item; and the 
budget commission in adjusting the levies may likewise reduce any 
item in the budget of such university, if necessary to enforce the 
fifteen mill limitation which alone applies to such levy. Op. Atty. 
Gen. (1918), p. 568. 

See Opinions of Attorney General (1916), p. 1207, cited under 
Sec. 4001. 

A tax levy made in pursuance of section 7908 G. C. for the 
benefit of a municipal university, and for the purpose of an "Ob- 
servatory and other scientific purposes of the University" is in 
compliance with said section, and proceeds of such a levy may be 
expended by the board of directors of the university in a manner 
deemed applicable by them when limited to the exclusive purposes 
for which such fund was provided. Op. Atty. Gen. No. 2953, 
Mar. 28, 1922. 

Section 7909. Such levies shall be made by the coun- 
cil at the time, and in like manner as other levies for other 
municipal purposes, and must be certified by it and placed 
upon the tax duplicate as other municipal levies. The funds 
of any such university, college or institution shall be paid 
out by the treasurer upon the order of the board of directors 
and the warrant of the auditor. 



When levy 
to be made. 



HISTORY.-R. S. § 4104; 67 v. 86, § 6; 75 v. 133, § 1; 90 v. 150; 94 v. 
899; 95 v. 548; 97 v. 544; 98 v. 128. 

See Opinions of Attorney General as follows : 
(1918), p. 711, cited under Sec. 7908. 
(1918), p. 568, cited under Sec. 7908. 
(1916), p. 1207, cited under Sec. 4001. 

Section 7910, Any municipal corporation having a Municipal 
university supported in whole or in part by municipal tax- ""^^^^^'ty- 
ation, may issue bonds for the erection of additional build- 
ings or the completion of buildings not completed, for such 
municipal university, and for the equipment thereof. 

HISTORY.— 99 V. 133, § 1. 

Bonds issued by a municipal corporation under authority of 
sections 7910 et seq., General Code, are not subject to the 1, 2^ and 
5 per cent limitations of the Longworth act. Op. Atty. Gen. 
(1918), p. 246. 

See Opinions of Attorney General (1916), p. 1207, cited under 
Sec. 4001. 



Section 791 i. Such bonds may be issued under ordi- 
nance of the council of such municipality with the approval 
of the mayor, but only upon the receipt of a certified reso- 
lution from the board of directors of such university of the 
necessity of such issue. The resolution and ordinance must 
specify the amount of the issue, the denomination of bonds, 



Issue of 
bonds. 



520 



COLLEGES AND UNIVERSITIES 



Disposal 
of bonds. 



Power and 
control vested 
in directors. 



their rate of interest, their dates, and the times of their 
maturity. 

HISTORY.— 99 V. 133, § 2. 

For the offense of knowingly making a false transcript of proceedings 
with reference to the issue of bonds, see G. C. § 2295-4. 

See opinions of Attorney General as follows : 
(1918), p. 246, cited under Sec. 7910. 
(1916), p. 1207, cited under Sec. 4001. 

Section 7912. The bonds so issued shall be sold ac- 
cording to the provisions of law for the sale of municipal 
bonds, and the proceeds thereof, excepting the premiums 
and accrued interest, shall be placed in the treasury of such 
municipality and be used only for the purpose of erecting or 
completing and equipping such additional buildings as may 
have been specified in the resolution and ordinances calHng 
for their issue. 

HISTORY.— 99 V. 133, § 3. 

See Opinions of Attorney General (1918), p. 246, cited under 
Sec. 7910. 

Section 7913. In the use of such fund for such pur- 
pose, all power and control shall be vested in the board of 
directors of the municipal university. Such board shall 
make any contracts necessary for the erection or completion 
of the buildings specified, and the equipment thereof ; super- 
vise their erection, completion and equipment, and issue 
proper vouchers for the payment out of such fund of 
moneys due under such contracts, and for any other ex- 
penses connected with the erection, completion, and equip- 
ment of such buildings. The amount of premium and ac- 
crued interest arising from the sale of the bonds shall be 
paid into the sinking fund. 

HISTORY.— 99 V. 133, § 3. 

The construction of a house as a residence for the president 
is not a misappropriation of university funds : Cincinnati v. Jones, 
16 O. D. (N. P.) 343, 3 O. L. R. 455. 

See Opinions of Attorney General (1916), p. 1207, cited under 
Sec. 4001. 



Duties of 
trustees of 
sinking fund. 



Section 7914. The trustees of the sinking fund of 
any municipality issuing bonds under the above authority, 
annually shall levy a tax sufficient to pay the interest, 
and to provide a sinking fund for the final redemption of 
the bonds at maturity. 



HISTORY. 



134, 



Board of di- 
rectors of edu- 
cational insti- 
tution may 
accept educa- 
tional trusts. 



Section 7915. The board of directors of a university, 
college or other educational institution of any municipal 
corporation, in the name and on behalf of such corporation, 
may accept and take any property or funds heretofore or 
hereafter given to such corporation for the purpose of 
founding, maintaining or aiding a university, college or 
institution for the promotion of education, and upon such 



COLLEGES AND UNIVERSITIES 



521 



terms, conditions and trusts consistent with law as such 
board deems expedient and proper for that end. 

HISTORY— R. S. § 4095; 67 v. 86, § 1; 92 v. 358; 97 v. 541. 

See Sec. 7905. 

This section is constitutional : State, ex rel., v. Toledo, 3 
O. C. C. (N. S.) 468, 13 O. C. D. 327. 

A manual training and polytechnic school which is founded 
upon private donation accepted under this section, is not a public 
school in the sense that high schools and grammar schools are 
public schools : State, ex rel., v. Schauss, 3 O. C. C. (N. S.) 
388, 13 O. C. D. 283. 

The city of Gncinnati has power to take and hold property 
in trust for educational purposes : Perin v. Carey, 24 How. 265. 

A college of dental surgery has no power to agree to pay 
interest upon its shares of stock: Ohio College of Dental Surgery 
V. Rosenthal, 45 O. S. 183. 

A college or university which does not come within the letter 
of the statute will be held to be within its spirit, especially if 
subscriptions thereto have been made and accepted and liabilities 
have been incurred thereon: Ohio Wesleyan Female College v. 
Love's Executor, 16 O. S. 20; Irvin v. Lombard University, 56 
O. S. 9. 

The property of the Cincinnati college was held to be private 
property, so that the legislature could not give such property to 
the university of Cincinnati: State, ex rel., v. Neff, 52 O. S. 375. 

If a subscription is made to a college or 'university, and 
in reliance thereon, and in order to carry out the object thereof, 
such college or university incurs liabilities or makes expenditures, 
such liabilities are expenditures and furnish a sufficient consideration 
to support such promise : Ohio Wesleyan Female College v. Love's 
Executor, 16 O. S. 20 ; Irwin v. Lombard University, 56 O. S. 9. 

A subscription which is made for the purpose of paying the 
pre-existing debts of a college or university is not supported by 
sufficient consideration, since such college or university cannot have 
made expenditures or incurred liabilities in reliance thereon : John- 
son V. Otterbein University, 41 O. S. 527. 

Section 791 5-1. AH such property, personal or mixed. Exemption 
or real property located within the county in which an ^""^"^ taxation, 
university, college or other educational institution of any 
municipal corporation is located, heretofore or hereafter so 
given to or received by the board of directors of a uni- 
versity, college or other educational institution of any 
municipal corporation, the rents, issues, profits and income 
of which are used exclusively for the use, endowment or 
support of a university, college or other educational in- 
stitution of any municipal corporation, shall be exempted 
from taxation so long as such property or the rents, issues, 
profits or income thereof is used for and exclusively applied 
to the endowment or support of such university, college 
or other educational institution of such municipal corpo- 
ration. 

HISTORY.— 102 V. 32. 

Section 7916. For the further endowment, main- How trust 
tenance and aid of any such university, college or insti- |^"^s to 
tution heretofore or hereafter founded, the board of direc- 
tors thereof, in the name and in behalf of such municipal 
corporation may accept and take as trustee and in trust for 
the purposes aforesaid any estate, property or funds which 



522 COLLEGES AND UNIVERSITIES 

may have been or may be lawfully transferred to the munici- 
pal corporation for such use by any person, persons or 
body corporate having them, or any annuity or endowment 
in the nature of income which may be covenanted or pledged 
to the municipal corporation, towards such use by any 
person, persons or body corporate. Any person, persons or 
body corporate having and holding any estate, property 
or funds in trust or applicable for the promotion of edu- 
cation, or the advancement of any of the arts or sciences, 
may convey, assign and deliver these to such municipal 
corporation as trustee in his, their or its place, or covenant 
or pledge its income or any part thereof to it. Such estate, 
property, funds or income shall be held and applied by 
such municipal corporation in trust for the further endow- 
ment, maintenance and aid of such university, college or 
institution, in accordance nevertheless with the terms and 
true intent of any trust or condition upon which they 
originally were given or held. 

HISTORY.— R. S. § 4096; 67 v. 86, § 2; 92 v. 358; 97 v. 542. 

See Sec. 7905. 

Under this section the board of directors has power to accept 
or to reject a gift; but if such board decides to accept a gift, 
it can accept it only in accordance with the terms and conditions 
upon which such gift is offered: State, ex rel., v. Schauss, 
3 O. C. C. (N. S.) 388, 13 O. C. D. 283. 



city, etc. 



Trusteeship Section 7917. Upon such transfer and the accept- 

to^jest^in auce thereof the municipal corporation and its successors, 
as trustees shall become and be perpetually obligated and 
held to observe and execute such trust in all respects ac- 
cording to any other or further terms or conditions law- 
fully agreed upon at the time of such transfer and accept- 
ance. Any court having jurisdiction of the appointment of 
trustees of such trust for educational purposes, in a pro- 
ceeding therefor, duly instituted and had, may, with the 
consent of its council, appoint and constitute such municipal 
corporation, trustee of the estate, property and funds so 
transferred to it, and dispense with bond and surety upon 
the part of the municipality for the performance of such 
trust, unless that is required by the original terms or con- 
ditions thereof, and upon the due transfer and acceptance 
of such trust shall release and fully discharge the trustee 
or trustees so transferring it. Any acceptance or accept- 
ances by such municipal corporation of any or all property, 
funds, rights, trust estate or trusts heretofore given, granted, 
assigned, or otherwise conveyed or transferred to or be- 
stowed upon such a municipal corporation or to or upon 
such a university, college or institution in good faith, and 
which are still held and retained by such municipality or 
such a university, college or institution, shall be held and 
deemed to be valid and binding as to all parties. 

HISTORY.— R. S. § 4097; 67 v. 86, § 2; 97 v. 542. 
See G. C. § 7902. 



COLLEGES AND UNIVERSITIES 523 

Section 7918. The accounts of such trust estate, Account of 
property and funds, and of the income and expenditure exp^eSd1tur"es 
thereof, shall be kept. by the auditor of such municipal cor- of endow- 
poration entirely distinct from all other accounts or aifairs ™^" 
of the municipality and the moneys must be kept by the 
treasurer of the municipal corporation distinct from other 
moneys. Such board of directors, at all times, must con- 
fine their disbursements for current expenses within the 
income of the trust, estate, property and funds, and an- 
nually shall report to the mayor and council of such munici- 
pality a full statement of the accounts of administration of 
such trust and other funds. 

HISTORY.— R. S, § 4101; 67 v. 86, § 3; 80 v. 86; 97 v. 543. 
See G. C. § 7902. 

Section 7919. Such board may invest any part of the investments, 
funds belonging to or set apart for the use of such univer- 
sity, college or institution or to any department thereof, as 
it from time to time deems proper in bonds of the United 
States, or of the state of Ohio, or of any municipal corpo- 
ration of this state, or any county, or school district herein, 
or in any other bonds or first mortgage securities approved 
by it, and may use any funds, including those arising from 
sales of any property sold under section seventy-nine hun- 
dred and two hereof, (provided the terms of the trust do 
not prohibit such use), in the improvement of any real or 
leasehold estate belonging either to the particular trust of 
which the property sold was part or to any other trust under 
its control and management; or in the improvement of any 
real or leasehold estate set apart for the use of such uni- 
versity, college or institution. 

HISTORY.— R. S. § 4101; 67 v. 86, § 3; 80 v. 86; 97 v. 543; 101 v. 237. 
See G. C. § 7902. 

Section 7920. Citizens of such municipality shall, not citizens not 
be charged for instruction in the academic department, ex- for^fdm^ssior? 
cept in professional courses therein. Such board of di- of children, 
rectors may charge fees to students in other departments 
and to students in professional courses in the academic de- 
partment, and from time to time may make such university, 
college or institution free in any or all of its departments 
to citizens of the county in which it is located. The board 
of directors may receive other students on such terms as to 
tuition or otherwise as they see fit. 

HISTORY.— R. S. § 4100; 67 v. 86, § 3; 92 v. 359; 97 v. 543. 
See G. C. § 7902. 

For a discussion in detail of the question, who are citizens 
within the meaning of this section, so as to be entitled to free 
tuition, see State, ex rel., v. Kuhn, 8 O. N. P. 197, 11 O. D. (N. P.) 
321. 

Section 7921. The custody, management and admin- Board of edu- 
istration of any and all estate or funds, given or transferred comr"oi*°and^^ 
in trust to anv municipalitv for the promotion of education, management 

1 1 '^ 1 ■'•11 r 1 ... 'of property 

and accepted by the council thereof, and any institution for held in trust 
the promotion of education heretofore or hereafter so purpose"!^^'°"^^ 



524 



COLLEGES AND UNIVERSITIES 



Tax levy. 



founded other than a university as defined in this chapter, 
shall be committed to, and exercised by, the board of edu- 
cation of the school district including such municipality. 
Such board of education shall be held the representative 
and trustee of such municipality in the management and 
control of such estates and funds so held in trust and in 
the administration of such institution, excepting always 
funds and estates held by any municipality which are used 
to maintain a university as heretofore defined. 

HISTORY.— R. S. § 4105; 70 v. 117, § 1; 94 v. 241; 95 v. 519; 97 v. 545. 
See G. C. § 7902. 

For the constitutionality of earlier forms of this section, see 
State, ex rel., v. Toledo, 5 O. C. C. (N. S.) 277, 16 O. C. D. 
628. 

For the validity of this section, see State, ex rel., v. Toledo, 
3 O. C. C. (N. S.) 468, 13 O. C. D. 327. 

This section was held to be unconstitutional in so far as it 
changes the plans and purpose of the terms of the original trust 
created by the donors and accepted by the municipal council: 
Toledo V. Seiders, 56 Bull. 77 [affirmed, without report, Seiders v. 
Toledo, 83 O. S. 495]. 

The provision of this section, that the administration of all 
estates or funds transferred to any municipality for educational 
purposes shall be committed to the board of education, is uncon- 
stitutional in the taking of property without due process of law 
and the impairment of contract obligations in so far as it changes 
the plans and purpose of the terms of the original trust created 
by donors and accepted by the municipal council of the city of 
Toledo: Toledo v. Seiders, 15 O. C C (N. S.) 468, 23 O. C D. 613, 
58 Bull. 85 (Ed.) [affirmed, without opinion, Seiders v. Toledo, 
83 O. S. 495]. 

Section 7922. For the uses and purposes of such 
board of education in administering such trusts, the council 
of such municipality annually may levy taxes on alh the 
taxable property of such municipal corporation to the 
amount of three-tenths of one mill on the dollar valuation 
thereof. 

HISTORY.— R. S. § 4105; 70 v. 117, § 1; 94 v. 241; 95 v. 519; 97 v. 545. 
See G. C. § 7902. 

The provisions of the municipal code with reference to 
municipal universities (see G. C. § 4001, et seq.) do_ not repeal the 
power of taxation given by this section : Waddick v. Merrill, 
5 O. C. C. (N. S.) 103, 16 O. C. D. 437. 



STATE UNIVERSITIES GENERALLY 

Declaration of SECTION 7923. Inasmuch as it is deemed desirable for 

wkh^r^i^'^ this state to determine its policy in regard to the support 
to Ohio state of institutions of higher learning, and further desirable 
that it adopt a distinct and fixed policy in regard to uni- 
versities and colleges for all time to come so that the policy 
of the state with reference to the Ohio State University, 
the Miami university and the Ohio university shall be de- 
termined and made definite and to the end that the state 
may build up one university worthy of it, as now begun 
at the Ohio State University, and also to fix such a policy 
as will provide support for the Miami and Ohio tmiver- 
sities as colleges of liberal arts, but not to include technical 



university, 
Ohio uni- 
versity and 
Miami uni- 
versity. 



COLLEGES AND UNIVERSITIES 



525 



or graduate instruction, aside from the usual graduate work 
for the degree of master of arts, and to determine definitely 
for all time that the Miami university and the Ohio uni- 
versity shall be no greater charge on the state so far as 
university purposes are concerned than herein provided for ; 
therefore this subdivision of this chapter is passed to set 
forth the policy, to-wit: That in the future no represent- 
ative of the Miami university or of the Ohio university 
or of the Ohio State university shall violate or attempt to 
violate this policy herein enacted into law as a policy for 
the support of higher education and as a guide for future 
general assemblies of the state of Ohio. 



HISTORY.— R. S. § 4105a; 



V. 309, 



Section 7930. No provision of this sub-division of Tuition, 
this chapter shall prevent the boards of trustees of the Ohio 
State university, the Miami university, the Ohio university 
or the State Normal school at the Ohio university or at 
the Miami university from charging reasonable tuition for 
the attendance of pupils of either of such institutions from 
students who are non-residents of the state of Ohio. 

HISTORY.— R. S. § 4105h; 98 v. 812, §8. 



Who exempt 
from payment 
of tuition in 
state supported 
schools. 



Section 7930-1. Any citizen of this state who has 
resided within the state for one year and who was in the 
active service of the United States as soldier, sailor, nurse 
or marine between April 6, 1917 and November 11, 1918 
and who has been honorably discharged from such service, 
shall be admitted to any school, college or university which 
receives state funds in support thereof, without being re- 
quired to pay any tuition or matriculation fee, but shall not 
be relieved for the payment of laboratory or similar fees. 

HISTORY.— 109 V. 356. 

Section 7931. The expenditure of all moneys under inspection 
the provisions of this sub-division of this chapter or for the °f accounts. 
purposes of carrying them out, raised or secured from any 
source whatsoever, shall be subject to the inspection of the 
state bureau of public accounting, the cost thereof to be 
paid by the university or college inspected at the cost as 
provided by law. 

HISTORY.— R. S. § 4105i; 98 v. 312, § 9. 

See opinions of Attorney General (1914), p. 61, cited under 
Sec. 24. 

OHIO UNIVERSITY 

Section 793 i-i. The body politic and corporate by Appointment 
the name and style of "The President and Trustees of the °^ trustees. 
Ohio University" now in the university instituted and estab- 
hshed in the village of Athens by the name and style of 
"The Ohio University" shall hereafter consist of a b6ard 
of trustees composed of the director of education and seven 
members, at least four of whom shall be graduates of Ohio 
university, to be appointed by the governor, by and with 
the advice and consent of the senate; but all persons now 



5^6 COLLEGES AND UNIVERSITIES 

serving as members of said body politic and corporate may 
continue to serve as members thereof ; and so long as they 
continue to serve such body politic and corporate shall con- 
sist of such present members together with the members 
whose positions are hereby created ; but no successors shall 
be apponited to such persons now serving. The director of 
education shall have power to speak, but not to vote in such 
board of trustees. In the year 1922 the governor shall 
appoint seven members of such body politic and corporate, 
one for a term of one year, one for a term of two years, one 
for a term of three years, one for a term of four years, one 
tor a term of five years, one for a term of six years and one 
for a term of seven years, all commencing on the fourteenth 
day of May of such year. Thereafter one trustee shall be 
appointed each year for a term of seven years from the 
fourteenth day of May of such year, and serve until his 
successor is appointed and qualified. A vacancy in the office 
of trustee shall be filled by like appointment for the unex- 
pired term. Such trustees shall receive no compensation 
for their services, but shall be paid their actual and neces- 
sary expenses while engaged in the discharge of their official 
duties. No moneys appropriated for the use or support of 
the Ohio University shall be withdrawn from the state 
treasury for such use until "The President and Trustees of 
the Ohio University," as constituted when this section takes 
effect, shall consent to the provisions hereof and file dupli- 
cate certificates of such consent in the offices of the secretary 
of state and the auditor of state. 

HISTORY.— 109 V. ISl. 

Providing for SECTION 7932. The owners of lands or town lots held 

ver^sif/ "a^ds. Under Icascs from the president and trustees of the Ohio 
university, or held under sale-leases or assignments by or 
under the original lessees, may pay to the treasurer of the 
university, such sum of money, as, placed at interest at six 
per cent, will yield the amount of rent reserved in the orig- 
inal lease, or in case of a division of the original tract or 
parcel leased, will equal the proper aliquot part thereof, or 
the part agreed upon by the several owners. But a person 
so surrendering and releasing to such corporation must pay 
the necessary expenses incident to such change of tenure, 
and procure the services of an agent to perform the neces- 
sary labor thereof. Upon payment of such sum and of all 
rents due upon the land, on demand of such owner, the 
treasurer shall give him a certificate of such payment. 

HISTORY.— R. S. § 4105-1; 80 v. 193, § 1. 

The board of trustees of the Ohio university has power to 
lay out into lots the portion of land marked as "commons" on the 
town plat of the town of Athens, and dispose thereof for the benefit 
of the university: Crippen v. Ohio University, 12 O. 96. 

Lands sold under the act of 1826 which were held under the 
act of 1804 were said to be subject to state taxes, in Armstrong v. 
Athens County, 41 U. S. (16 Pet.) 281. 2 O. F. D. 154 [affirming 
Armstrong v. Athens County, 10 O. 235]. 

A lease of land of the Ohio university for ninety-nine years, 
renewable forever is, in the absence of specific statutory provisions 



COLLEGES AND UNIVERSITIES 527 

with reference to its descent, to be regarded as personal property, 
and, accordingly, upon the death of the owner, it passes to the 
executor: Murdock v. Ratcliff, 7 O. 119. 

A lease of land from the Ohio university amounts to a con- 
tract between the lessee and the state; and a subsequent act of the 
legislature imposing a tax upon such land, contrary to the pro- 
visions of such lease, is invalid, as impairing the obligations of 
such contract: Matheny v. Golden, 5 O. S. 361. 

Land sold under the act of 1826, which was held under the 
act of 1804, was said to be subject to state taxation, in Armstrong 
V. Athens County, 41 U. S. (16 Pet.) 281, 2 O. F. D. 154 [aflfirm- 
ing Armstrong v. Athens County, 10 O. 235]. 

The position of trustees of the Ohio University is not vacant 
unless such trustee dies, resigns, or, there is a judicial decree 
declaring that his position is vacant. The act of the legislature 
in appointing a successor is not an adjudication of the existence of 
such vacancy : State, ex rel,, v. Bryce, 7 O. 82. 

Section 7933. Upon such payment, such owner shall owner to re- 
be entitled to receive a deed of conveyance for such land ^f^,^ ^f^'^' 
by him owned, to be signed by the president of such cor- 
poration, countersigned by its secretary, and sealed with the 
corporate seal of the university, conveying the premises in 
fee simple to him, or such owner at his option, may demand 
and receive a certificate as aforesaid. The governor of 
Ohio, upon presentation thereof shall execute and deliver 
to such owner, a deed conveying the premises in fee simple 
to him. 

HISTORY.— R. S. § 4105-2; 80 v. 194, § 2. 

Section 7934. Either of such deeds, so made, shall validity of 
have the effect in law and in fact to vest in the grantee an such deed, 
absolute estate in fee simple in the premises, subject, how- 
ever, to all liens, equities, or rights of third persons in, to 
or upon the premises. 

HISTORY.— R. S. § 4105-3; 80 v. 194, § 3. 

Section 7935. Such secretary shall keep an accurate Registry of 
registry of all such payments, certificates and deeds, with ^|^J'gf*^-' *° 
an accurate description of the tract or lot of land so paid 
for or deeded. Thereafter, the land so deeded shall be 
subject to taxation in like manner as other freehold estates 
in such county. The original leases therefor, in so far. as 
regards the land so deeded, shall cease to have force or 
effect. 

HISTORY.-R. S. § 4105-4; 80 v. 194, § 4. 

Section 7936. The treasurer of the Ohio university, deposit of 
on or before the first day of January, next, after such re- money, 
ceipt of money, must deposit it in the state treasury upon 
the certificate of the state auditor. The sums so deposited 
shall be added to the irreducible trust funds held by the 
state for educational purposes, and interest thereon be paid 
semi-annually to the treasurer of such university, upon the 
requisition of the state auditor; and the president and trus- 
tees of the Ohio university shall have power to receive and Power of 
hold in trust, for the use and benefit of the university, any *''"^^^"- 



528 



COLLEGES AND UNIVERSITIES 



grant or devise of land, and any donation or bequest of 
money or personal property, to be applied to the general 
or special use of the university; all donations or bequests 
of money, together with other donations and bequests con- 
verted into money, shall be paid to the state treasurer, 
unless otherwise directed in the donation or bequest, and 
the sums so deposited shall be added to the irreducible trust 
funds held by the state for educational purposes, and in- 
terest thereon shall be paid semi-annually to the treasurer 
of said university upon the requisition of the state auditor. 

HISTORY— R. S. § 4105-5; 80 v. 194, § 5; 101 v. 208. 

See Opinions of Attorney General (1914), p. 61, cited under 
Sec. 24. 

Levy and col- SECTION 7937- A State tax or a tax equal to the state 

state°°ta^^upon tax upon like property, shall be levied and collected upon 
to'^ohio""^^ ^^^ lands donated to the Ohio university, situated at Athens, 
versity. Ohio, and held by lease from it or by deed from the gov- 

ernor or the university, including such parts of such lands 
as are or may be owned, occupied or used, by railroad com- 
panies as road-beds, road-ways, station-houses, or for other 
purposes. Such taxes, when collected, shall be paid by 
the treasurer of Athens county, upon the warrant of the 
auditor of the county, to the treasurer of the Ohio univer- 
sity, for its use. 

HISTORY.— R. S. § 4105^; 82 v. 115, § 1. 

Where the state, by an act incorporating the Ohio university, 
vested in that institution two townships of land for the support of 
the university and instruction of youth, and in the same act 
authorized the university to lease said lands for ninety-nine years, 
renewable forever, and provide that lands thus to be leased should 
• forever thereafter be exempt from all state taxes, it was held 
that the acceptance of such leases at a fixed rent or rate of pur- 
chase by the lessees constitutes a binding contract between the 
state and the lessees. A subsequent act of the legislature, levying a 
state tax on such lands, is a "law impairing the obligation of 
contracts" within the purview of the tenth section of the first 
article of the constitution of the United States, and is, therefore, 
pro tanto, null and void: Matheny v. Golden, 5 O. S. 361. 

Where one of these lessees of such lands sues as well for 
himself as for many other lessees of the same lands, holding on like 
terms with himself, equity will interpose to prevent multiplicity of 
suits and afford a remedy by injunction: Matheny v. Golden, 
5 O. S. 361. 



Tax in lieu of 
rnets; tax col- 
lected from 
railroad com- 
panies. 



Section 7938. The tax so collected upon lands so 
held by lease, shall be in lieu of so much of the rents due 
to the university. The tax so collected from railroad com- 
panies, and paid to the university, shall not include the tax 
upon rolling stock. 

HISTORY.-R. S. § 4105-7; 82 v. 115, § 2.. 

By the fair construction of the resolutions, no discretion is 
given to the treasurer of the university to determine the amount 
of rent to be collected; but he is required to collect such an 
amount of additional rent as equals the taxes imposed on property 
of like description by the state: Cable v. Ohio University, 36 
O. S. 113. 



COLLEGES AND UNIVERSITIES 



529 



MIAMI UNIVERSITY 

Section 7939. The government of Miami university Appointment 
shall be vested in twenty-seven trustees, to be appointed °^ trustees, 
by the governor by and with the advice and consent of the 
senate. Nine trustees shall be appointed every third year, ' 
for a term of nine years, beginning on the first day of 
March in the year of their appointment. Vacancies in the 
board of trustees shall be filled for the unexpired term in 
the same manner. In addition to the trustees herein pro- 
vided for, the director of education shall be a member of 
the board of trustees of Miami university, with power to 
speak but not to vote therein. 

HISTORY.-66 v. 73, § 1; 109 v. 131. 

Section 7940. In its annual report the board of trus- Annual re- 
tees shall make a full and accurate report of all receipts p^*"** contents, 
and disbursements of the preceding year, the number of 
students in attendance, studies taught, and such other mat- 
ters connected with the institution as the board deems im- 
portant. Such report may be transmitted by the governor 
to the general assembly. 

HISTORY.-66 V. 73, § 2; 106 V. 508 (613). 

Section 7941. The standing committee on colleges Jy^^^y ^^ st^nd- 

and universities of each legislature, shall examine into the ^"k committee 

condition of Miami university, and report to the legisla- aSd^uni^-^^^ 

ture such matters as it deems important to the interests of ^^"^^^^^• 
the university. 

HISTORY.-66 V. 73, § 3. 

Section 7941-1. The treasurer of Miami university Deposit of 
on or before the first day of January next after the receipt be"ues°s^ ^"^ 
of any donations or bequests of money or other property when con- 
to be converted into money must deposit it in the state treas- '^^'■*^^- 
ury upon the certificate of the state auditor. The sum so 
deposited shall be added to the irreducible trust fund held 
by the state for educational purposes, and interest thereon 
be paid semi-annually to the treasurer of such university, 
upon the requisition of the state auditor; and the president 
and trustees of Miami university shall have power to re- 
ceive and hold in trust, for the use and benefit of the uni- 
versity, any grant or devise of land, and any donation or 
bequest of money or personal property, to be applied to 
the general or special use of the university; all donations 
or bequests of money, together with other donations and 
bequests converted into money, shall be paid to the state 
treasurer, unless otherwise directed in the donation or be- 
quest, and the sum so deposited shall be added to the irre- 
ducible trust funds held by the state for educational pur- 
poses, and interest thereon shall be paid semi-annually to 
the treasurer of said university upon the requisition of the 
state auditor. 

HISTORY.-103 V. 564. 



34 



S. L. 



530 



COLLEGES AND UNIVERSITIES 



OHIO STATE UNIVERSITY 

Appointment SECTION 7942. The government of . the Ohio state 

term^"com-* University shall be vested in a board of seven trustees, 
pensation, etc. who shall be appointed by the governor, with the advice 
and consent of the senate. One trustee shall be appointed 
each year for a term of seven years from the fourteenth 
day of May of such year, and serve until his successor is 
appointed and qualified. A vacancy in the office of trustee 
shall be filled by an appointment to be made in the same 
manner as an original appointment, but only for the unex- 
pired term. The trustees shall not receive compensation 
for their services, but shall be paid their reasonable neces- 
sary expenses while engaged in the discharge of their of- 
ficial duties. 

HISTORY.— R. S. §§ 4105-37, 4105-38; 75 v. 126, §§ 2, 3. 

For means to establish agriculture and mechanical college, see appendix, 



Style and 
power of 
trustees. 



Officers of 
the board. 



The Ohio state university is a branch of the state of Ohio, 
and not a corporation; and, accordingly, the statute creating such 
university is not a special act conferring corporate powers, and 
is not in violation of Art. XIII, § 1, of the Ohio constitution : 
Neil V. Board of Trustees, 31 O. S. 15. 

A subscription to the Ohio agricultural and mechanical col- 
lege in consideration that such college shall be located at a certain 
place, together with a guaranty of a third person of the per- 
formance of such subscription, was delivered to the trustees of 
such college and was accepted by them, and the college was 
located in accordance with the provisions of such subscription. 
Such subscription and guaranty are valid and enforceable instru- 
ments, and the board of trustees of such college may bring action 
thereon : Neil v. Board of Trustees, 31 O. S. 15. 

That the board of trustees is not a corporation, see, also, 
Thomas v. University Trustees, 195 U. S. 207, 14 O. F. D. 433. 

See Opinions of Attorney General as follows : 

(1916), p. 318, cited under Sec. 7950-1. 

(1917), p. 275, cited under Sec. 7974. 

Section 7943. The trustees and their successors in 
office shall be styled the "board of trustees of the Ohio 
state university," with the right as such of suing and being 
sued, of contracting and being contracted with, of making 
and using a common seal, and altering it at pleasure. 

HISTORY.— R. S. § 4105-10; 67 v. 21, § 4; § 8419, App. 1880. 

The board of trustees of the Ohio state university is not a 
corporation : Neil v. Board of Trustees, 31 O. S.15 ; see, to the 
same effect, Thomas v. University Trustees, 195 U. S. 207, 14 
O. F. D. 433. 

Section 7944. The board of trustees annually shall 
elect one of their number chairman, and in the absence of 
the chairman elect one of their number temporary chair- 
man. It also may appoint a secretary, treasurer, and librar- 
ian, and such other officers as the interests of the college 
require, who may be members of the board. Such ap- 
pointees shall hold their offices for such term as the board 
may fix, subject to removal by it, and receive such com- 
pensation as the board prescribes. 

HISTORY.-R. S. § 4105-14; 67 v. 21, § 9. 



COLLEGES AND UNIVERSITIES 



531 



Section 7945. Before entering upon the duties of his Bond of treas- 
office the treasurer shall give bond to the state in such sum J[|^' where 
as the board of trustees determines, but not a less sum 
than the probable amount that will be under his control in 
any one year, conditioned for the faithful discharge of his 
duties and the payment of all moneys coming into his hands, 
the bond to be approved by the attorney general of the 
state. Such bond shall be deposited with the secretary of 
state and kept in his office. 

HISTORY.— R. S. § 4105-14; 67 v. 21, § 9; 103 v. 528 (534). 



Section 7946. Meetings of the board of trustees shall Meetings 
be called in such manner, and at such times as the board °^ board, 
prescribes. The board shall meet at least three times an- 
nually, and at such other times as may be necessary for the 
best interest of the university. A majority of the board 
present at any meeting shall constitute a quorum to do 
business; but a majority of all the board shall be necessary 
to elect or remove a president or professor. 

HISTORY.— R. S. § 4105-41; 75 v. 126, § 6. 

Section 7947. In its annual report the board of trus- Annual report 
tees shall state the condition of the university ; the amount contents^^^' 
of receipts and disbursements, and for what the disburse- 
ments were made ; the number of professors, officers, 
teachers, and other employes and the position and compen- 
sation of each, the number of students in the several de- 
partments and classes, and the course of instruction pur- 
sued in each; also an estimate of the expenses for the 
ensuing year ; a statement showing the progress of the uni- 
versity, recording any improvements and experiments made, 
with their costs, and the results, and such other matters as 
are useful. The president thereof shall transmit by mail 
one copy respectively to the secretary of the interior and 
the secretary of agriculture of the United States, and to 
each of the colleges which are or may be endowed under 
the provisions of the act of congress of July 2, 1862. 

HISTORY.— R. S. § 4105^2; 76 v. 126; 90 v. 292, § 7; 106 v. 508 (513). 
For the present statute with reference to the reports of state officers, 
see G. C. § 2264-1 (106 v. 508). 

Section 7948. The board of trustees may adopt by- Board may 
laws, rules and res^ulations for the government of the uni- *"a>e rules 

.' * ^ and regula- 

versity. tions. 

HISTORY.— R. S. § 4105-11; 67 v. 21, § 5. 

Section 7949. The board of trustees shall elect, and Election of 
fix the compensation of and remove, the president and profeSs, 
such number of professors, teachers and other employes as Jourse"of • 
may be deemed necessary ; but no trustee, or his relation by struction. 
blood or marriage, shall be eligible to a professorship or 
position in the university, the compensation for which is 
payable out of the state treasury or a university fund. 
The board shall fix and regulate the course of instruction 



532 



COLLEGES AND UNIVERSITIES 



and prescribe the extent and character of experiments to 
be made at the university. 



Property, ex- 
penses, etc 



High school 
on campus of 
Ohio state 
university. 



HISTORY.— R. S. 
602, § 9. 



4105-U, 4105-37; 67 v. 21, § 5; 75 v. 126, 



Permission to 
the alumni of 
O. S. U. to 
present dormi- 
tory buildings 
and authorize 
trustees to 
enter into 
contract for 
such purpose. 



Section^ 7950. The board of trustees shall have gen- 
eral supervision of all lands, buildings, and other property 
belonging to the university, and the control of all expenses 
therefor, but shall not contract a debt not previously au- 
thorized by the general assembly of the state. 

HISTORY.— R. S. § 4105-13; 67 v. 21, § 8. 

The trustees of the Ohio State University are not authorized 
to dedicate any portion of the university property for street pur- 
poses without express legislative authorization. Op. Atty. Gen. 
(1916), p. 1730. 

See Opinions of Attorney General (1916), p. 318, cited under 
Sec. 7950-1. 

Section 7950-1. The construction of a high school 
building on the campus of the Ohio state university is 
hereby authorized upon such terms as may be agreed upon 
,by the trustees of the Ohio state university and the board 
of education of the city school district of the city of Co- 
lumbus, Ohio, and such high school shall be used as an 
observation and practice school by the college of education 
of the Ohio state university upon the terms and conditions 
as agreed upon by the said board of trustees and the said 
board of education. 

At no time shall the state of Ohio be called upon to 
assist in defraying the expenses of conducting or repairing 
such school. 

HISTORY.— 102 V. 297, § 1. 

The trustees of the Ohio State University are not authorized, 
without further legislation, to permit the city of Columbus to 
erect a city hospital on the campus of such university. Op. Atty. 
Gen. (1916), p._ 318. 

Section 7950-2. The board of trustees of the Ohio 
state university is hereby authorized to enter into a con- 
tract with any incorporated association of alumni of said 
university whereby such association shall be permitted to 
erect upon the campus of said university, and upon a site 
to be designated by said board of trustees, a suitable build- 
ing or buildings to be used as dormitories for students and 
members of the faculty of the university. Such contract 
may provide that the legal title to such building or build- 
ings shall remain in such association, and that the same 
shall be subject to mortgage or other encumbrance by such 
association; that the necessary repairs on such building 
or buildings shall be made by the trustees of the Ohio 
state university and paid for out of any appropriation 
made by the general assembly for such purposes ; and that 
the control and management of such building or buildings 
shall be vested in such association, subject to such discip- 
linary regulations as may be provided by said board of 
trustees. Such contract shall, however, provide that upon 



COLLEGES AND UNIVERSITIES 533 

the payment of the indebtedness of such association, in- 
curred in the erection and equipment of such building or 
buildings and the discharge of such building or buildings 
from liens or encumbrances, the legal title to such build- 
ing or buildings, and any and all appurtenances thereof, 
and furniture and equipment therein, shall pass to and be 
vested in the state. The purpose of this section is to au- 
thorize the said trustees to permit the alumni of the Ohio 
state university to present to the state a building or build- 
ings, and furniture and equipment for the aforesaid pur- 
poses, and to adopt such plans and financial arrangements 
as may be, within the limitations hereinbefore set forth, 
appropriate therefor. 

HISTORY.-103 V. 660, § 1. 

Section 7951. The board of trustees may receive, and Board may 
hold in trust, for the use and benefit of the university, any vises^of^fand 
grant or devise of land, and donation or bequest of money etc 
or other personal property, to be applied to the general or 
special use of the university. All donations or bequests 
of money shall be paid to the state treasurer, and invested 
in like manner as the endowment fund of the university, 
unless otherwise directed in the donation or bequest. 

HISTORY.— R. S. § 4105-15; 67 v. 22, § 11. 

See Opinions of Attorney General as follows : 
(1916), p. 318, cited under Sec. 7950-1. 
(1916), p. 1730, cited under Sec. 7950. 

_Section 7952. The title for all lands for the use of Title of lands 
the university shall be made in fee simple to the state of j° ^^^ Itate*^ 
Ohio, with covenants of seizin and warranty, and no title etc. 
shall be taken to the state for the purposes aforesaid until 
the attorney-general is satisfied that it is free from all de- 
fects and incumbrances. 

HISTORY.— R. S. § 4105-16; 67 v. 22, § 13. 

See Opinions of Attorney General as follows : 
(1916), p. 318, cited under Sec. 7950-1. 
(1916), p. 1730, cited under Sec. 7950.. 

Section 7953. The attorney -general of the state shall Attorney-gen- 
be the legal adviser of such board of trustees. He shall fg^^^i *advfser 
institute and prosecute all suits in their behalf and receive of the board, 
like compensation therefor as he is entitled to by law for 
suits brought in behalf of the asylums of the state. 

HISTORY.— R. S. § 4105-17; 67 v. 22, § 15. 

Section 7954. The university shall be open to all per- Who admitted 
sons over fourteen years of age, subject to such rules, reg- fectu^es.^' 
ulations and limitations, as to numbers from the several 
counties of the state, as is prescribed by the board of trus- 
tees. But each county shall be entitled to its just proportion, 
according to its population. The board may provide for 



534 



COLLEGES AND UNIVERSITIES 



Establishment 
of colleges of 
medicine and 
dentistry in 
Ohio state 
university. 



Branches 
prescribed. 



Authority to 
establish uni- 
versity ex- 
tension di- 
vision, pur- 
poses. 



Further pur- 
pose5. 



courses of lectures, either at the seat of the university or 
elsewhere in the state, which shall be free to all. 

HISTORY.— R. S. § 4105-^12; 67 v. 20, § 7. 

See opinions of Attorney General (1915), p. 1135, cited under 
Sec. 7973. 

Section 7954-1. That for the purpose of advancing 
and promoting the science and art of medicine and the 
science and art of dentistry, the board of trustees of the 
Ohio state university be, and they are hereby authorized 
and empowered to create, establish, provide for and main- 
tain in said university a college of medicine and a college 
of dentistry; and to negotiate for and receive conveyances 
and transfers of property, both real and personal, to be 
used for the purposes aforesaid ; and to accept the students 
now in attendance at any college of medicine, dentistry 
or pharmacy whose property is so acquired, with the rank 
and standing as certified by the proper officers of such 
college; and to take such steps as may be necessary to 
protect the professional rights of the alumni of such col- 
lege or colleges and their predecessors ; and to receive from 
such college or colleges such papers and records as may be 
necessary for that purpose. 

history.— 103 v. 344, § 1. 

Section 7955. The board of trustees, in connection 
with the faculty of the university shall provide for the 
teaching of such branches of learning as are related to agri- 
culture and the mechanic arts, mines and mine engineering, 
and military tactics, and such other scientific and classic 
studies as the resources of the fund will permit. 

HISTORY.— R. S. § 4105-45; 77 v. 227, § 10; 75 v. 126. 

Section 7955-1. The board of trustees of the Ohio 
state university is hereby authorized and directed to estab- 
lish and organize a university extension division for the 
purpose of carrying on educational extension and corre- 
spondence instruction throughout the state. The board of 
trustees is authorized to carry on such extension work in 
connection with any department of the Ohio state univer- 
sity, for the purpose of the development throughout the 
state of centers for the discussion, consideration and in- 
vestigation relative to the mining, manufacturing, engi- 
neering, social, industrial, economic, medical and civic in- 
terests of the state and all other public interests which may 
be in any way prompted or subserved in the spreading of 
information throughout the state by any department of the 
Ohio state university, that now exists or may be hereafter 
established, pursuant to the grant by virtue of which said 
university was created and established. 

HISTORY.— 103 V. 662, § 1. 

Section 7955-2. The board of trustees of the uni- 
versity, through the university extension division, shall en- 
courage communities to organize for the purpose of social, 



COLLEGES AND UNIVERSITIES 



535 



Supervise and 
carry on dis- 
cussions, in- 
vestigations, 
etc., of ques- 
tions of pub- 
lic interest. 



educational, scientific and recreational advantage, and shall 
co-operate with them and in every way contribute to the 
efficiency of the efforts of such communities for these pur- 
poses. To this end, as far as practicable, the extension 
division shall be placed at the service of educational, indus- 
trial or civic institutions, organizations and associations, 
and invite their active co-operation in matters relating to 
the civic, scientific, economic and social welfare of the cit- 
izens of the state. 

HISTORY.-103 V. 662, § 2. 

Section 7955-3. The board of trustees of the Ohio 
state university is authorized to carry on, under the super- 
vision of such university extension division, such discus- 
sions, investigations, experiments and demonstrations as it 
may deem advisable for the improvement of the engineering, 
mining, manufacturing, social, medical, scientific, industrial, 
economic and civic interests, and such other public interests 
of the state as may in any way be promoted or subserved 
by any department of the Ohio state university which now 
exists or which may hereafter be established, and for such 
purposes it may provide traveling instructors and conduct 
correspondence instruction and teaching. It is further pro- 
vided that any common carrier is authorized and empowered 
to carry persons employed in such demonstrations, experi- 
ments and discussions, and the equipment therefor, and the 
traveling lecturers and instructors provided for in this act 
[G. C §§ 7955-1 to 7955-3], free, or at reduced rates. 

HISTORY.— 108 V. 662 (663), § 3.' 

Section 7956. The board of trustees shall collect, or Duties of 
cause to be collected, specimens of the various cereals, ce?e^fig^Vc° 
fruits^ and other vegetable products, and have experiments 
made in their reproduction upon the lands of the univer- 
sity, and make report thereof from year to year, together 
with such other facts as tend to advance the interests of 
agriculture. 

HISTORY.— R. S. § 4105-39; 75 v. 126, § 4. 

Section 7957. The board of trustees shall secure and collections 
keep in the university a collection of specimens in mineral- °| Sog^"^ 
ogy, geology, zoology, botany, and other specimens per- etc. 
taining to natural history and the sciences. The president 
of the university shall collect and deposit therein in the 
manner directed by the trustees, a full and complete set of 
specimens as collected by him and his assistants, together 
with a brief description of the character thereof, and where 
obtained. Such specimens shall be properly classified and 
kept for the benefit of the university. 

HISTORY.— R. S. § 4105-40; 75 v. 126, § 5. 

Section 7958. The board of trustees of the univer- Department 
city shall establish therein a department of ceramics, equip- ^^ ceramics. 
ped and designed for the technical education of clay, cement 
and glassworkers, in all branches of the art which exist 



536 



COLLEGES AND UNIVERSITIES 



Special in- 
struction 
therein. 



Laboratory. 



Expert. 



in this state, or whith profitably can be introduced and 
maintained herein from the mineral resources thereof, in- 
cluding the manufacture of earthenwares, stonewares, yel- 
lowwares, whitewares, china, porcelain and ornamental pot- 
tery, the manufacture of sewer-pipe, fire-proofing, terra- 
cotta, sanitary claywares, electric conduits and specialties, 
fire-bricks and all refractory materials, glazed and enameled 
bricks, pressed bricks, vitrified paving material as well as 
the most economic methods in the production of the coarser 
forms of bricks used for building purposes; and the man- 
ufacture of tiles used for paving, flooring, decorative wall- 
paneling, roofing and draining purposes; also the manu- 
facture of cement, concrete, artificial stone and all kinds 
of glass products and all other clay industries represented 
in this state. 

HISTORY.— R. S. § 4105-30; 91 v. 164, § 1. 

Section 7959. Such department shall oflfer special in- 
struction to clay-workers on the origin, composition, prop- 
erties and testing of clays, the selection of materials for 
different purposes, the mechanical and chemical preparation 
of clays, the laws of burning clays, the theory and practice 
of the formation of clay bodies, slips and glazes, and the 
laws which control the formation and fusion of silicates. 

V HISTORY.— R. S. § 4105-31; 91 v. 164, § 2. 

Section 7960. Such department shall " be provided 
with an efficient laboratory designed especially for the 
practical instruction of clay-workers in the list of subjects 
enumerated in section seventy-nine hundred and fifty-eight, 
and also be equipped to investigate into the various troubles 
and defects incident to every form of clay working, which 
can not be understood or avoided except by use of such 
scientific inves.tigation. Such laboratory shall be equipped 
with apparatus for chemical analysis, with furnaces and 
kilns for pyrometric and practical trials, with such machinery 
for the grinding, washing and preparation of clays for man- 
ufacture, as is consistent with the character of the depart- 
ment. 

HISTORY.— R. S. § 4105-32; 91 v. 164. § 3. 

Section 7961. To conduct this department of ceram- 
ics, the board of trustees shall employ a competent expert, 
who shall unite with the necessary education and scientific 
acquirements, a thorough practical knowledge of clay- 
working, and not less than two years' actual experience in 
some branch of the art. He shall teach the theoretical part 
of the subject, conduct the laboratory for the instruction 
of students, prosecute such scientific investigations into the 
technology of the various clay industries as may be prac- 
ticable, and from time to time publish the results of his 
investigations in such form that they will be accessible to the 
clay-workers of the state for the advancement of the art. 

HISTORY.— R. S. § 4105-83; 91 v. 164, S 4. 



COLLEGES AND UNIVERSITIES 537 

Section 7961-1. That the board of trustees of the Establishment 
Ohio state university be, and are hereby authorized and 9^ engineer- 

1 ii'i •• 11 1 ing expen- 

required to estabhsh an organization to be known as the ment station 
engineering experiment station of the Ohio state university, ^' ^' ^' ^' 
to be affihated and operated in connection with the college 
of engineering. 

HISTORY.— 103 V. 647, § 1. 

Section 7961-2. The purpose of the station shall be purposes of 
to make technical investigations and to supply engineering station, 
data which will tend to increase the economy, efficiency 
and safety of the manufacturing, mineral, transportation 
and other engineering and industrial enterprises of the state, 
and to promote the conservation and utilization of its re- 
sources. 

HISTORY.— 103 V. 6i7 (648), § 2. 

Section 7961-3. The station shall be under the control Board of 
of the board of trustees of the university, through the reg- hav^e^^c^ont^ro" 
ular administrative and fiscal officers. The board shall ap- administrative 
point a director on recommendation of the president of the office^s^^erms. 
university. There shall be an advisory council of seven 
members, appointed by the board of trustees, of which 
council the director shall be ex-officio a member, and chair- 
man, said director and the other six members to be chosen 
from the faculty of the college of engineering. The terms 
of these members shall be for three years, except that when 
first organized, two mem.bers shall be appointed for one 
year, two members for two years, and two for three year 
terms respectively. It shall be the duty of the director and 
advisory council to select suitable subjects for investigation, 
apportion the available funds, and provide for the dissem- 
ination of the results to the people of the state. 

HISTORY.— 103 V. 647 (648). § S. 

Section 7961-4. The various laboratories of the col- Laboratories 
lege of engineering and the equipments shall be available Jf^colSge"^"* 
for the use of the engineering experiment station, provided available for 
always that their use for instruction and research in the 
regular work of the college shall take precedence over their 
use by the station. The director of the station shall have 
authority to procure for temporary or permanent use such 
additional equipment as may be needed, and install the same 
in the laboratories of the college or elsewhere. 

HISTORY.-103 V. 647 (648), § 4. 

Section 7961-5. The engineering experiment station station shall 
shall not be conducted for the private or personal gain of Jy^tJ*! S°"" 
any one connected with it, or for the financial advantage gain or ad- 
of the Ohio state university as an organization, or for the o.'^*s.^"u."* °^ 
sole benefit of any individual, firm or corporation. 

Any commission, board, bureau or department of the Assistance to 
state, or any institution owned by the state, may seek as- boaS^Ttc^' 
sistance of the engineering experiment station, and such of the' state 
requests shall have precedence over all other outside re- Siid!'^ ^''^' 



538 



COLLEGES AND UNIVERSITIES 



Individual, 
firm, etc., 
may have as- 
sistance. 



Establishment 
of a school 
of mines. 



Employment 
and duties of 
instructors. 



quests. The advisory council of the engineering experiment 
station is, however, empowered to decHne such requests or 
to require that the expense of such investigations shall be 
borne in part or in whole by the commission, board, bureau, 
or department of state, or institution owned by the state, 
making such requests. 

Any individual, firm, or corporation may seek the as- 
sistance of the engineering experiment station ; the advisory 
council of said station is, however, empowered to decline 
to render such assistance or to require that any expense 
incidental to such assistance shall be borne in part or in 
whole by the individual, firm or corporation seeking such 
assistance, and the advisory council of the engineering ex- 
periment station is further authorized at its option to pub- 
lish the results of such investigations. 

Nothing in this bill shall be construed as in any way 
limiting the powers of the advisory council of the engineer- 
ing experiment station to carry on lines of investigation 
upon its own initiative. 

HISTORY.— 103 V. ^7 (648), § 5. 

Section 7962. The board of trustees of the university 
are required to establish therein, a school of mines and 
mine engineering, in which shall be provided the means for 
scientifically and experimentally studying the survey, open- 
ing, ventilation, care and w^orking of mines. Such school 
shall be provided with a collection of drawings, illustrating 
the manner of opening, working, and ventilating mines; 
with the necessary instruments for surveying, measuring 
air, examining and testing the noxious and poisonous gases 
of mines, and with models of the most improved machinery 
for ventilating and operating all the various kinds of mines 
with safety to the lives and health of those engaged therein. 
Such school also shall be provided with complete mining 
laboratories for the analysis of coals, ores, fire-clays and 
other minerals, and with all the necessary apparatus for 
testing the various coals, ores, fire-clays, oils, gases, and 
other minerals. 



HISTORY.— R. S. § 410^26; 85 v. 155, 



1; 74 V. 216. 



Section 7963. The board of trustees shall employ 
competent persons to give instruction in the most improved 
and successful methods of opening, operating, surveying 
and inspecting mines, including the methods and machinery 
employed for extracting coal, ore, fire-clay, oil, gas and 
other minerals from the pit's mouth and for facilitating the 
ascent and descent of workmen, the draining and freeing of 
mines from water, the causes of the vitiation of air, the 
quantities of fresh air required under the various circum- 
stances, natural ventilation, mechanical ventilation by flues 
and fans, and other ventilating machinery, the use of air 
engines, air compressors and coal cutting machinery; also 
instruction in the various uses of coals, ores, fire-clays, oils, 
gases and other minerals, and the methods of testing, anal- 



COLLEGES AND UNIVERSITIES 



539 



yzing and assaying such minerals ; and the methods em- 
ployed in metallurgical and other processes in the reduc- 
tion of ores and in determining the qualities of metals, par- 
ticularly iron and steel as shown by practical and laboratory 
tests. There also shall be kept in a cabinet properly ar- 
ranged for ready reference and examination, suitably con- 
nected with such school of mines, samples of the speci- 
mens from the various mines in the state, which may be 
sent for analysis, together with the names of the mines and 
their localities in the counties from which they were sent, 
with the analysis and a statement of their properties at- 
tached. Such person shall also furnish an analysis of all 
minerals found in the state and sent to him for that pur- 
pose by residents thereof. 

HISTORY.-R. S. § 4106-27; 85 v. 155, § 2; 74 v. 216. 

Section 7964. The professor occupying the chair in Written anaiy- 
the chemical and mechanical department of the university, fe^rtnfzers. 
upon application, shall make and give a written analysis of 
artificial fertilizers furnished to him for that purpose. 



HISTORY.— R. S. § 4105-35; 75 v. 91, § 2. 
For provisions relating to forestry, see G. C. 



(§ 1177-10 et seq. 



Funds from 
sale of land 
scrip. 



Section 7971. All funds derived from the sale of land 
scrip issued to this state by the United States, in pursuance 
of any act of congress, together with the interest accumu- 
lated thereon, shall constitute a part of the irreducible debt 
of the state, the interest upon which, as provided by law 
shall be paid to the university by the auditor of state, upon 
the requisition of the commissioners of the sinking fund, 
issued on the certificate of the secretary of the board of 
trustees, that it has been appropriated by such trustees to 
the endowment, support, and maintenance of the university, 
as provided in such act of congress. 

HISTORY.— R. S. § 4105^3; 75 v. 126, § 8. 

Section 7972. On the first days of January and July investment of 
in each year, the auditor of state shall invest the interest ""^Hp^^fund." 
arising from the "agricultural college scrip fund" in the 
same manner in which the principal thereof is invested. 

HISTORY.— R. S. § 4105-47; 67 v. 16, § 2. 

For acts authorizing certificates of indebtedness to be issued in anticipa- 
tion of the levies under G. C. § 7575; 88 v. 591; 89 v. 321; 92 v. 191, 285; 94 
V. 94; 95 v. 545. 

Refunding certificates issued under acts of 1891, 1892; 91 v. 62. 



Section 7973. The College of Agriculture and Do- 
mestic Science of the university shall arrange for the ex- 
tension of its teachings throughout the state, and hold 
schools in which instructions shall be given in soil fertility, 
stock raising, crop production, dairying, horticulture, do- 
mestic science and kindred subjects. No such school shall 
exceed one week in length, and not more than one be held 
in any county during a year. 

history.— 100 V. 11, § 1. 

An "agricultural extension school" within the meaning of 
section 7973 G. C, applicable to the Ohio State University, means 



County 
schools. 



540 



COLLEGES AND UNIVERSITIES 



Instructions 
to be given; 
contests. 



a school conducted as an activity of the college of agriculture and 
domestic science of said university in the manner therein specified. 

When one such school, fulfilling all the requirements of said 
section, has been held in a given county in a given year, no other 
such school may be so held therein in that year ; but the board of 
trustees of the Ohio State University has authority, to provide 
free public lectures, and the giving of such free public lectures 
in any county in any year would not preclude the holding of an 
agricultural school in such county in that year. 

The ultimate distinctions between public lectures and agricul- 
tural extension wonk are academic rather than legal. Op. Atty. 
Gen. (1915), p. 1135. 

See Opinions of Attorney General (1917), p. 275, cited under 
Sec. 7974. 

Section 7974. In addition to the holding of such 
schools, such college shall give instruction and demonstra- 
tions in various lines of agriculture, at agricultural fairs, 
institutes, granges, clubs, or in connection with any other 
organizations, that, in its judgment, may be useful in ex- 
tending agricultural knowledge. Such college may conduct 
agricultural contests in co-operation with the federal gov- 
ernment or otherwise and may receive gifts from organ- 
izations or individuals in furtherance of such contests. The 
work of extension may also include instruction by mail in 
agriculture and mechanic arts, and the publication of bul- 
letins designed to carry the benefits of its teaching to com- 
munities remote from the college. Any common carrier is 
authorized and empowered to carry the persons employed 
by and the equipment and exhibits used in such instruction 
and demonstrations, free or at reduced rates. 

HISTORY.— 100 V. 11, § 2; .101 v. 356: 107 v. 659. 

The provision of section 7974 G. C. permitting common car- 
riers to carry persons employed and exhibits and equipment used, 
in agricultural extension work, free, is not repealed by implication 
by section 516 G, C. 

A railroad company may carry such persons, exhibits or 
equipment free or at reduced rates. Op. Atty. Gen. (1917), p. 275. 

Section 7974-1. There is hereby created and estab- 
lished a state agricultural school to be located at New 
Lyme, in the county of Ashtabula, to be connected with 
the Ohio state university, and under the supervision and 
control of the board of trustees of said university. 

HISTORY.— 106 V. 820, § 1. 

Section 7974-2. Said board of trustees may receive 
and hold in trust for the special use and benefit of said 
state agricultural school, any grant, gift or bequest of land 
or personal property, and also the lands, moneys, notes, 
mortgages and other personal property now held in trust 
for educational purposes by the board of trustees of New 
Lyme institute located at New Lyme in the county of Ash- 
tabula. 

HISTORY.— 106 V. 320, § 2. 

Branches of Section 7974-3- The board of trustees of the Ohio 

tauS't"^ ^° ^^ st^t^ university, in connection with the faculty thereof, shall 

provide for teaching in said school during a period of at 



Establishment 
of agricultural 
school at New 
Lyme ; con- 
trol and 
supervision. 



Trustees may 
receive and 
control certain 
property. 



COLLEGES AND UNIVERSITIES 



541 



least eight months in each year, such branches of learning 
as are related to agriculture, the mechanic arts, home eco- 
nomics and such other scientific and classic studies as will 
pepare students for efficient citizenship, for vocational and 
industrial pursuits, and for admission to colleges and uni- 
versities. 

HISTORY.— 106 V. 320, § 3. 

Section 14976. The educational institution hereto- To be known 

fore designated as the Ohio agricultural and mechanical sLt7un?^*° 

college shall be known and designated hereafter as "The versity." 
Ohio State University." 



HISTORY.-75 



126. 



Section 14977. A college, to be styled The Ohio Establishment 
Agricultural and Mechanical College, is hereby established coikg?^* °^ 
in this state, in accordance with the provisions of an act 
of congress of the United States, passed July 2d, 1862, en- 
titled "an act donating public lands to the several states 
and territories which may provide colleges for the benefit 
of agricultural and mechanic arts," and said college to be 
located and controlled as hereinafter provided. The lead- 
ing object shall be, without excluding other scientific and 
classical studies, and including military tactics, to teach such 
branches of learning as are related to agricultural and me- 
chanic arts. 

history.— 67 V. 20. 

Section 14978. It shall be the duty of the board of Location of 
trustees to permanently locate said agricultural and me- sundr°"p^r^o- 
chanical college upon lands, not less than one hundred acres ^isos. 
which in their judgment is best suited to the wants and 
purposes of said institution, the same being reasonably cen- 
tral in the state, and accessible by railroad from different 
parts thereof, having regard to healthiness of location, and 
also regarding the best interests of the college in the receipt 
of moneys, lands, or other property donated to said college 
by any county, town, or individual, in consideration of the 
location of said college at a given place ; provided, it shall 
require a three-fifths vote of the trustees to make said 
location; and, provided further, that said location shall be 
made on or before the fifteenth day of October, 1870; 
provided, further, that any person acting as trustee, who 
shall accept or receive, directly or indirectly, any sum or 
amount from any person or persons, to use their influence 
in favor of the location of said college at any particular 
point or place, shall be held to be guilty of a misdemeanor, 
and on conviction thereof by any court of competent juris- 
diction, shall be fined in any sum not less than one thou- 
sand nor more than ten thousand dollars ; provided, further, 
that in the location of said college the said trustees shall 
not in any event incur any debt or obligation exceeding 
forty thousand dollars ; and if, in their opinion, the interests 
of the college can not be best promoted without a larger 



542 



COLLEGES AND UNIVERSITIES 



Acceptance of 
ceded lands. 



Compensation 
for damages 
to lands may 
be demanded, 
etc. 



Title of lands 
invested in 
trustees of 
agricultural 
college, etc. 



expenditure for the location than that sum, then they may 
delay the permanent location of the same until the third 
Monday of January, 1871, and report their proceedings and 
conclusions to the general assembly : provided, further, that 
said college shall not be located until there are secured 
thereto for such location, donations in money, or unincum- 
bered lands, at their cash valuation, whereon the college 
is to be located, or in both money and such lands, a sum 
equal to at least one hundred thousand dollars. 

HISTORY.-^ V. 20. 

Section 14979. The unsurveyed and unsold lands 
ceded to the state of Ohio by a certain act of congress of 
the United States, approved February 18, 1871, situate and 
being in the Virginia Military District between the great 
Scioto and the Little Miami rivers in said state, be and the 
same are hereby accepted by the state of Ohio, subject to 
the provisions of said act. ' 



history.— 70 V. 107. 

For school and ministerial lands, see G. C. 



3181, et seq. 



Section 14980. That the trustees of the Ohio Agri- 
cultural and Mechanical College are hereby authorized to 
demand from all persons who have destroyed or converted 
any timber growing upon the lands ceded to the state of 
Ohio, as stated in the act to which this is supplementary, 
since the date of said act of congress ceding said lands to 
the state of Ohio, full compensation for the timber so de- 
stroyed or converted, and for all damages, and if payment 
shall be refused, to institute proper proceedings in the 
name of said Ohio Agricultural and Mechanical College, 
in any court of competent jurisdiction, to recover the same 
with damages and costs of suit; provided ,that the pro- 
visions of this section shall not apply to timber taken from 
the one hundred and sixty acres by any person who shall 
obtain the title to the same under section three [G. C. § 
14981] of this act. 

history.— TO V. 107. 

Section 14981. The title of said lands is hereby vested 
in the trustees of the Ohio Agricultural and Mechanical 
College, for the benefit of said college ; and said trustees 
are hereby required to cause a complete survey of said 
lands to be immediately made, and a correct plat thereof 
to be returned to said trustees, and to ascertain and set off, 
in reasonably compact form, by accurate boundaries to each 
occupant who was in actual possession of and living upon 
any of said land at the time of the passage of said act of 
congress, as provided therein, or their heirs and assigns, a 
tract not exceeding forty acres, and upon the payment, by 
the claimant, of the cost of surveying and making the deed, 
the said trustees shall make and deliver to said claimant a 
deed for said tract; and if any such occupant shall have 
been in such actual possession of more than forty acres, and 
is desirous of holding the same, he shall be, entitled to have 



COLLEGES AND UNIVERSITIES 543 

in addition to said forty acres, any number of acres not ex- 
ceeding, with said forty acres, the number of one hundred 
and sixty acres, to be in reasonably compact form, by paying 
for the said excess over forty acres, the sum of one dollar 
per acre ; and if any claimant under the provisions of this 
act shall desire to purchase any tract of land adjoining said 
forty acres, not exceeding, including said forty acres, the 
amount of one hundred and sixty acres, of which said claim- 
ant shall have been in actual possession, but does not desire 
to purchase the same at one dollar per acre, said trustees, 
upon notice by said claimant, shall cause said tract or part 
of tract to be sold separate from other tracts of land at a 
valuation fixed upon by the appraisers named in this act, 
payable one-third at the date of the survey, and the residue 
in two equal installments, with interest at six per cent., pay- 
able annually, and upon full payment being made with the 
cost of survey and conveyance, said trustees shall make 
and deliver to such claimant, his or her heirs or assigns, a 
deed for said excess over said forty acres ; provided, that 
any person claiming the benefit of the provisions of this 
section as occupant, shall comply in all respects with, and 
be subject to the provisions of the thirteenth section of the 
act of. congress, approved September 4, 1841, entitled an 
act to appropriate the proceeds of the sales of the public 
lands and to grant pre-emption rights, and to the rules and 
regulations of the general land office of the United States 
relating to proof for the establishment of pre-emptor's 
claims ; provided, however, that the affidavit required by 
said thirteenth section of said act of congress may be made 
before any justice of the peace or other officer authorized 
to administer oaths. 

HISTORY.— 70 V. 107. 

Section 14982. All the unsurveyed and unsold lands Division of 
in said miHtary district, not occupied as aforesaid, shall be ""J,^^^ ^^""^^ 
divided by said trustees into such tracts, not exceeding five etc.; tracts to 
hundred acres in any one boundary, as will be most advan- and"Sra[l^d. 
tageous, reference being had to the quality of said lands and 
the uses to which they will be applied ; the boundaries to all 
such tracts and divisions shall be accurately surveyed, and 
the lines of each tract plainly marked, and substantial stone 
monuments firmly placed at the principal corners. The 
character of the soil, water-courses, elevation of hills, tim- 
ber, ledges, or stratas of the Waverly building stone, iron 
ore, fire clay, and limestone, shall be fully noted by the sur- 
veyors on their plats and in their field-books. All the 
tracts so divided and surveyed shall be numbered in con- 
secutive order, commencing with the tracts in Adams 
county, and so continuing until all said lands in said district 
shall be platted and numbered ; which numbers shall be 
shown upon the plats, and the said plats shall correctly in- 
dicate all township lines. The said lands, when so divided, 
surveyed and numbered, shall be appraised in separate 
tracts at their true value in money, by three qualified free- 



544 



COLLEGES AND UNIVERSITIES 



To be sold at 
private or ^ 
public auction 
sale; con- 
tracts of 
sale to be 
recorded, etc. 



hold residents in said state, to be summoned by said trus- 
tees, or any committee of theirs. Said appraisers, before 
entering upon their duties, shall take and subscribe an oath 
before competent authority honestly and impartially to ap- 
praise all such lands, and to perform all other duties in 
relation thereto ; they shall each be paid two dollars a day 
for their services, and their expenses allowed them; they 
shall make due return of all their appraisemf^ntc to said 
trustees, which, with all said plats and surveys, shall be 
delivered by them to the auditor of state, and the same 
shall be recorded in the office of said auditor in suitable 
books to be provided for such purpose ; which, with all such 
original plats, surveys, and papers, shall form a part of 
the public records of the state in the land department of 
said office. 

HISTORY.-70 V. 107. 

Section 14983. And the said trustees are hereby 
authorized and required to sell all of said lands at pub- 
lic or private sale, at a price not less than the appraised 
value thereof, on such terms for cash and credit as may 
be agreed upon between the purchaser and said trustees, 
or any authorized agent of theirs; provided, that the first 
payment shall, in every case, be not less than one-third of 
the appraised value of such tract; all deferred payments 
shall bear six per cent, interest, to be paid annually, and said 
trustees may, in their discretion, extend subsequent annual 
payments through a period not exceeding five years. All 
public sales of said lands shall be by auction, at the frontdoor 
of the court house of the county in which these lands so 
offered lie, after having been advertised five consecutive 
weeks in a newspaper published and generally circulated in 
such county; such notices of sale shall contain a sufficient 
description of the premises to clearly identify the same, 
with a statement of the terms of payment and the amount 
of appraisement, and all such public sales shall be made 
at such times as said trustees shall deem expedient; and in 
case such land or any tract thereof shall not sell for the 
amount of the appraisement at such public sale, then upon 
the same being again offered as aforesaid at public sale, 
the same may be sold for any sum not less than three- 
fourths of the appraisement : provided, that no trustee of 
said college or appraiser of said land shall be the pur- 
chaser of any of said lands at any such sale or sales, either 
directly or indirectly. The said trustees shall cause all 
contracts for the sale of said lands to be printed or written 
in a book or books, stating the consideration and terms of 
all sales, which said contracts shall be signed in dupHcate 
by the said trustees or any authorized agent of theirs, and 
by the purchaser or purchasers, one copy of which shall be 
preserved in said book, and the other shall be delivered 
to the purchaser at the time the same shall be signed; and 
every purchaser shall execute his promissory note or notes, 
with interest, payable as aforesaid, for all deferred pay- 



COLLEGES AND UNIVERSITIES 



545 



ments, which notes shall be non-negotiable, and payable to 
said college at such place or places as may be directed by 
said trustees; and upon full payment being made by the 
purchaser, his heirs, or assigns, for any such land, every 
such person shall be entitled to receive a conveyance there- 
for in fee simple by deed of said trustees, executed by 
the president of the board, under the corporate seal of said 
college ; and all lands disposed of under the provisions of 
this act, shall be returned by said trustees to the auditors 
of the counties in which they are situate, and by them be 
placed on the duplicate for taxation. 

HISTORY.— 70 V. 107. 

Section 14984. The proceeds of the sales' of such Trustees of 
lands, or so much thereof as may be necessary, after the ^^^° state 

r 1 r 11 1 r umversity 

payment out of the same 01 all the necessary expenses of may erect 
survey and sale remaining uncertified into the treasury facuity.^^^ ^^^ 
of said state, may be used by said trustees in building 
and maintaining upon the lands of said university a suit- 
able number of houses, adapted to use as family residences, 
for the use of members of the faculty of said university, 
for which use a fair and reasonable rent shall be paid 
to said university. Said buildings shall be erected under 
the provisions of title six of the revised statutes of Ohio ; 
and the said trustees shall annually report to the governor 
a detailed statement of receipts and disbursements in the 
execution of the trust under the provisions of this act. 

HISTORY.— 1882, April 17. 79 v. 144; Rev. Stat. 1880; 70 v. 107. 

Section 14985. The act entitled an act to sell lands Acts repealed, 
ceded to the state of Ohio by the congress of the United 
States by an act of congress, approved February i8th, 
1871, passed March 26, 1872, and the act supplementary 
thereto and amendatory thereof, passed April 29th, 1872, 
be and they are hereby repealed : provided, that the pas- 
sage of this act shall in nowise affect the validity of the 
transactions of said board of trustees, or rights vested in 
any person, under the provisions of said acts ; and this act 
shall take effect and be in force from and after its passage. 

HISTORY.— 70 V. 107. 

Section 14986. The auditor of state be and is re- Comijutation 
quired to compute the interest which has accrued and will ment^^Tin- 
accrue on the agricultural college scrip fund since the same terest. 
has been sold, to July first, one thousand eight hundred and 
seventy, compounding the same by semi-annual rests on 
the first day of January and the first day of July in each 
year ; and on the fifteenth day of June eighteen hundred and 
seventy to transfer the sum so arising to the said college 
fund, and invest the same in the interest bearing bonds of 
the state, in the same manner as the principal of the said 
fund is now invested. 

HISTORY.— 67 v. 15. 

35 s. L. 



546 



COLLEGES AND UNIVERSITIES 



Trustees of 
Ohio state 
university au- 
thorized to 
make deeds. 



Section 14987. As soon as the board of trustees of 
the Ohio state university accepts the provisions hereinafter 
made, it is hereby authorized and required to execute and 
deliver upon demand, a deed of conveyance to the parties 
in possession under claim of title of any unpatented survey 
or part thereof, in said Virginia military district ; provided, 
however, that all applicants for such deed must furnish 
said trustees with a certified copy of the deed under which 
they claim, and if required, a certified copy of the un- 
patented survey in which their lands are situate, as the 
necessary evidence to satisfy the board that the same has 
never been patented, but has been occupied and improved 
by the said parties in possession or those under whom they 
claim title, for more than twenty-one years. Provided, 
also, that each applicant shall pay the board of trustees the 
sum of two dollars, as the cost of preparing and executing 
such deed. 



history.— 86 V. 92. 



Normal and 
industrial ae- 
partment. 



wilberforce university 

Section 7975. A combined normal and industrial de- 
partment shall be established and maintained at Wilberforce 
university, in Greene county, Ohio. 

history.— R. S. § 4105-54; 84 v. 127, §1. 

Exclusive authority, direction and control under the operation 
and conduct of the normal and industrial department of Wilber- 
force University is vested in the board of trustees of such de- 
partment. Op. Atty. Gen. (1919), p. 1226. 

Appropriations made by the general assembly of this 
state for its educational institutions may not be used by said in- 
stitutions for any purpose other than that for which said appro- 
priations are made. 

Students from other states attending such institutions for 
educational purposes only and having no habitation within this 
state other than such institutions which they are attending, and 
whose parents or families reside in another state, are not entitled 
to exercise the elective franchise nor to receive free scholarships 
limited by law to residents of this state. Op. Atty. Gen. (1915), 
p. 1827. 



Board of 
trustees. 



Section 7976. The government of such department 
shall be vested in a board of nine trustees to be known as 
"the board of trustees of the combined normal and in- 
dustrial department of Wilberforce university." Five mem- 
bers of such board shall be appointed by the governor, by 
and with the consent of the senate, and three members 
thereof shall be chosen by the board of trustees of the 
university. The president of the university shall be ex- 
officio a member of the board. The governor shall appoint 
one member of such board each year, who shall serve five 
years, and whose term shall begin upon the first day of 
July in such year. Such appointments shall be made during 
the session of the senate next preceding the beginning of 
such term. 



HISTORY.— R. S. § 4105-55; 92 v. 275, § 2; 



!; 87 V. 215; 84 v. 127. 



COLLEGES AND UNIVERSITIES 



547 



Section 7977. One member of the board shall be choosing of 
chosen by the board of trustees of the university at a ^nivlrsit^^ 
regular meeting in each year, and shall hold office for the board, 
term of three years from the thirtieth day of June in such 
year. 

HISTORY.— R. S. § 4105-56; 89 v. 368, § 3; 84 v. 127. 

Section 7978. In case a vacancy in that portion of vacancies, 
the board appointed by the governor or chosen by the 
university occurs from death, resignation, or other cause, 
the appointment or selection to fill such vacancy shall be 
made in the one case by the governor, and in the other by 
the executive board of the university for the unexpired 
term. 

HISTORY.— R. S. § 4105-57; 84 v. 127, § 4. 

Section 7979. Forthwith upon a choice by the uni- Names of 
versity board of a trustee, the secretary of the university certified % ^^ 
shall certify to the governor, under the university seal, governor, 
the name of the persons so chosen as trustees, and shall also 
in a like manner certify the name of the person chosen by 
the executive board at any time to fill a vacancy. 

HISTORY.— R. S. § 4105-58; 84 v. 127, § 5. 



Meetings of 
tiustees; 
their expenses. 



Section 7980. The board of trustees so created shall 
meet in regular session at the university twice a year. 
The first meeting shall be on the third Thursday in June, 
and the second on the first Thursday in November of each 
year. Other meetings may be held at such places and times 
as a majority of the board determines. The trustees shall 
receive no compensation, but shall be reimbursed their 
traveling and other reasonable and necessary expenses out 
of appropriations under this sub-division of this chapter. 

HISTORY.— R. S. § 4105-59; 89 v. 368, § 6; 84 v. 127. 

Section 7981. The board of trustees shall take, keep powers and 
and maintain exclusive authority, directions, supervision and ^ru*stees°^ 
control over the operations and conduct of such normal 
and industrial department, so as to assure for it the best 
attainable results with the aid secured to it from the state. 
The board shall determine the branches of industry to be 
pursued, purchase through a suitable and disinterested 
agent, the necessary means and appliances, select a superin- 
tendent for the industrial branch of the department, fix his 
salary and prescribe his duties and authority. The ex- 
penditures of all moneys appropriated for carrying out the 
purposes and provisions of this subdivision of this chapter, 
shall be made only under such regulations and for such 
specific purposes not therein provided for, as the board of 
trustees of such department establish. No money appro- 
priated by the state shall be used for any purpose not in 
direct furtherance and promotion of the objects of the 
department. 

HISTORY.— R. S. § 4105-60; 84 v. 127, § 7. 



548 



COLLEGES AND UNlVERSltlES 



Non-sectarian 
character of 
department. 



Bond of 
treasurer. 



Section 7982. No sectarian influence, direction or in- 
terference in the management or conduct of the affairs or 
education of such department shall be permitted by its 
board ; but its benefits shall be open to all applicants of 
good moral character and within the limitations of age 
determined by the board. 

HISTORY.— R. S. § 4105-€1; 84 v. 127, § 8. 

Section 7983. The treasurer of such department shall 
give to the state a bond to be approved by the attorney 
general in the sum of one thousand dollars conditioned 
that he shall faithfully discharge his duties and account for 
any money coming into his hands from the state. Such 
bond shall be deposited with the secretary of state and 
kept in his office. 

S. § 4105-62; 84 v. 127; 92 v. 275, § 9; 103 v. 528 (5S4) ; 



106 



HISTORY. 
519. 



Designation of Section 7985. Each scnator and representative of the 

pupils by pfeneral assembly of the state may designate one or more 

members of » . ->,.,.. 1 1 n 1 '11 1 

general as- youth resident of his district who shall be entitled to attend 
^^™ ^' such normal and industrial department free of tuition. 

history.— R. S. § 4105-64; 92 v. 275, § 11; S4 v. 127. 

See opinions of Attorney General (1915), p. 1827, cited under 
Sec. 7975. 



How student 
fees credited; 
application of 
fund. 



Building fund 
for Ohio 
State and 
other uni- 
versities sup- 
ported by the 
state. 



Section 7986-1. All receipts from student fees and 
deposits of the Ohio State University and of each state 
normal school and university receiving state aid, required 
by law to be paid into the state treasury, shall be credited 
therein to special funds to be appropriately designated by 
the names of the respective institutions from which they 
are received. Such funds shall be applied to the uses and 
purposes of such respective institutions and shall be used for 
no other purpose. 

HISTORY.— 108 V. Pt. II 1109. 

For the appropriation of funds under this section, see 108 v. Pt. II 
1109, § 2. 

H. B. No. 325 (109 O. L. 360) construed. 

AN ACT 

To provide a building fund for the Ohio state university and the 
universities supported by the state, and for the several state in- 
stitutions. 

Be it enacted by the General Assembly of the State of Ohio : 
Section t. For the purpose of providing a fund for 
the construction of necessary buildings at Ohio state 
university, Ohio university and Miami university, there 
shall be levied for the year 1921-1922 and for the year 
1922-1923 on the grand list of taxable property of the 
state a tax of one hundred and twenty-five thousandths 
of one mill, which tax levy shall be outside of all tax limits 
prescribed by law, and which shall be collected in the 
same manner as other state taxes and the proceeds of which 
shall constitute the educational building fund of the state. 



COLLEGES AND UNIVERSITIES 549 

For the purpose of providing a fund for the construc- 
tion of necessary buildings and equipment thereof and for 
the repairs, remodeHng or additions to the present build- 
ings at the institutions under the supervision of the de- 
partment of public welfare, there shall be levied for the Tax levy for 
year 1921-1922 and for the year 1922-1923 on the grand ^dflJ^^"* °^ 
list of taxable property of the state a tax of twenty-five 
hundredths of one mill, which shall be collected in the 
same manner as other state taxes and the proceeds of 
which shall constitute the institutional building fund of 
the state, which tax levy shall be outside of all tax limits 
prescribed by law. 

HISTORY.— 109 V. 360. 

Under the provisions of section 154-40 G. C, found in 
H. B. 249, 10'9 O. L. 118, the authority to make contracts for the 
construction of buildings under the control of the state government, 
or any department, office or institution thereof, is given to the 
department of highways and public works. This section applies to 
contracts for the construction of the buildings at Ohio State 
University for which appropriations are made by H. B. 325, 109 
O. L. 360. 

Prior to the making by a state officer, board or commis- 
sion of any contract involving the expenditure of money, the 
director of finance must, under the provisions of section 2288-2 
G. C. (109 O. L. 130) first certify that there is a balance in the 
appropriation pursuant to which such obligation is required to be 
paid, not otherwise obligated to pay precedent obligations ; but 
there is no requirement that he certify as to any balance in the fund 
in the state treasury upon which the appropriation is to operate. 
Said section merely requires that all contracts, agreements or 
obligations involving the expenditure of money, be brought within 
the amoimt set apart by the legislature for a particular purpose, 
and such setting apart may antedate the appearance of funds in the 
state treasury. 

By reason of section 3 of H. B. 325 (109 O. L. 360) 
the appropriations of the proceeds of the educational building 
fund tax levy for the year 1921-1922 and for the year 1922-1923 
take effect and are available on and after the first day of Sep- 
tember, 1921, and for a period of two years thereafter. On said 
first day of September and during said period, contracts for the 
construction of necessary buildings at Ohio State University may 
be entered into, to an amount equivalent to that realizable from 72 
per cent (the university's share) of said levy for both the year 
1921-1922 and the year 1922-1923. Op. Atty. Gen. No. 2317, Aug. 
12, 1921. 

Section 2. There is hereby appropriated from the Appropriation 
moneys raised or coming into the state treasury to the 
credit of the educational building fund, a sum equal to 
fourteen per centum of such fund for the uses and pur- 
poses of the board of trustees of Ohio university in the 
erection of necessary buildings and improvements not 
otherwise provided for; a sum equal to fourteen per 
centum of such fund for the uses and purposes of the 
board of trustees of Miami university for like purposes; 
and a sum equal to the remainder of the educational 
building fund, for the uses and purposes of the board of 
trustees of Ohio state university for like purposes. The 
sums hereby appropriated may, in the discretion of the 
several boards to which they are respectively appropriated, 



550 COLLEGES AND UNIVERSITIES 

be allotted to building projects covered by specific appro- 
priations for like purposes effective during the fiscal 
biennium commencing July i, 1921, or to additional build- 
ing projects. But no money shall be withdrawn from the 
treasury in pursuance of the appropriations herein made 
excepting for the construction of buildings in accordance 
with the requirements of sections two thousand three hund- 
red and fourteen to two thousand three hundred and 
thirty-two, both inclusive, of the General Code, so far as the 
same may be applicable thereto. 

HISTORY.— 109 V. 360. 

When appro- SECTION 3. The appropriations made by section 2 of 

priation avail- ^j^jg ^^^ gj^^jj ^^y.^ ^^^^^ ^^^ ^^ available ou and after 

the first day of September, 1921, and shall be for the 
period of two years thereafter. The auditor of state is 
hereby authorized and directed to transfer from the general 
revenue fund to the educational building fund any moneys 
necessary to provide for expenditures in pursuance of such 
appropriations prior to the first semi-annual settlement of 
the tax levied by section i of this act and to reimburse 
the general revenue fund accordingly out of the proceeds of 
such settlement. 

HISTORY.— 109 V. 361. 

DEPARTMENT OF HIGHWAYS AND PUBLIC WORKS. 

Department of Section 154-40. The department of highways and 

puMirworlfst public works shall have all powers and perform all duties 
powers and ' vcsted by law in the superintendent of public works, the 
state highway commissioner, the chief highway engineer, 
and the state building commission. Wherever powers are 
conferred or duties imposed upon any of such departments, 
offices or officers, such powers and duties shall, except as 
herein provided, be construed as vested in the department 
of highways and public works. 

In addition to the powers so transferred to it, the de- 
partment of highways and public works shall have the fol- 
lowing powers : 

(i) To prepare, or cause to be prepared, general 
plans, specifications, bills of materials, and estimates of 
cost for the public buildings to be erected by the state 
departments, offices and institutions. Nothing in this sec- 
tion shall be so construed as to require the independent 
employment of an architect or engineer as provided by 
section two thousand three hundred and fourteen of the 
General Code, in the cases to which said section applies. 

(2) To have general supervision over the erection 
and construction of public buildings erected for the state 
government, or any department, office or institution thereof, 
and over the inspection of all materials previous to their 
incorporation into such buildings or work. 

(3) To make contracts for and supervise the con- 
struction and repair of buildings under the control of the 



COLLEGES AND UNIVERSITIES 551 

state government, or any department, office or institution 
thereof. 

(4) To prepare and suggest comprehensive plans for 
the development of grounds and buildings under the con- 
trol of the state government, or any department, office or 
institution thereof. 

(5) To purchase all real estate required by the state 
government, or any department, office or institution thereof ; 
in the exercise of which power such department shall 
have authority to exercise the power of eminent domain, 
in the manner provided by law for the exercise of such 
power by the superintendent of public works in the appro- 
priation of property for the public works of Ohio, as here- 
tofore defined ; but this paragraph shall not affect the man- 
ner of the exercise of such powers by the department of 
highways and public works for highway purposes. 

(6) To make and provide all plans, specifiications and 
models for the construction and perfection of all systems 
of sewerage, drainage and plumbing for the state in con- 
nection with buildings and grounds under the control of the 
state government, or any department, office or institution 
thereof. 

(7) To erect, supervise and maintain all public mon- 
uments and memorials erected by the state, except where 
the supervision and maintenance thereof is otherwise pro- 
vided for by law. 

(8) To procure, by lease, storage accommodations for 
the State government, or any department, office or institution 
thereof. 

(9) To lease unproductive and unused lands or other 
property under the control of the state government, or any 
department, office or institution thereof, excepting school 
and ministerial lands. 

(10) To lease office space in buildings for the use of 
the state government, or any department, office or institu- 
tion thereof. 

(11) To have general supervision and care of store 
rooms, offices and buildings leased for the use of the state 
government, or any department, office or institution thereof. 

(12) To exercise general custodial care of all real 
property of the state. 

Nothing in this section or in sections 154-37 or 154-41 
of the General Code shall interfere with the power of the 
adjutant general to purchase military supplies, or with the 
custody by the adjutant general of property leased, pur- 
chased or constructed by the state and used for military 
purposes, or with the functions of the adjutant general 
as director of state armories. 

Purchases for and custody of buildings of educational 
institutions administered by boards of trustees shall not be 
subject to the control and jurisdiction of the department 
of highways and public works. 

HISTORY.-109 V. 118. 

Under the provisions of section 154-40 G. C, found in H. B. 
249, 109 0. L. 118, the authority td make contracts for the con- 



552 COLLEGES AND UNIVERSITIES 

struction of buildings under the control of the state government, 
or any department, office or institution thereof, is given to the 
department of highways and public works. This section applies to 
contracts for the construction of the buildings at Ohio State 
University for which appropriations are made by H. B. 325, 109 
O. L. 360. 

By reason of section 3 of H. B. 325 (109 O. L. 360) the 
appropriations of the proceeds of the educational building fund 
tax levy for the year 1921-1922 and for the year 1922-1923 take effect 
and are available on and after the first day of September, 1921, 
and for a period of two years thereafter. On said first day of 
September and during said period, contracts for the construction 
of necessary buildings at Ohio State University may be entered 
into, to an amount equivalent to that realizable from 72 per cent 
(the university's share) of said levy for both the year 1921-1922 and 
the year 1922-1923. Op. Atty. Gen. No. 2317, Aug. 12, 1921. 

See Opinions of Attorney General No. 2317, (1921), cited under 
Sec. 2288-2. 

Officers en- SECTION 228i. Each judge, clcrk of a court of rec- 

titied to state ord, justicc of the peace, county officer, township or munici- 

documents. , •'^^ ^ . ^ -!, , ■,•/■ 

pal officer, may receive from the county auditor one copy 
of the laws passed at each session of the general assembly. 
Each university, college, academy and county or state agri- 
cultural society may receive from the county auditor, one 
copy of each of the laws, journals, ''Ohio General Sta- 
tistics," or other publications of the state of Ohio sent to 
him by the secretary of state. 

HISTORY.— S. & C. 828; R. S. §§ 68, 69; 70 v. 275, § 1; 71 v. 32, § 1; 
72 V. 179, § 12; 72 v. 179, § 13; 82 v. 12; 106 v. 508 (515). 



CHAPTER 29 
SCHOOLS SPECIALLY ENDOWED 



Section. 

7967. Trustees for schools specially en- 



dowed. 
Organization of board; oath 

bond. 
Filling vacancies; removal. 
Powers and duties of trustees. 



and 



Section. 



Contracts with board of education of 
district in which school is located. 

Termination of contract if school be- 
comes sectarian. 

Accounts to be rendered. 

Visitors. 



Section 7987. When any person, by deed, devise, Trustees for 
gift or otherwise, sets apart any lands, moneys or effects, ciaUy^^en-^^' 
as an endowment of a school or academy, not previously dowed, 
estabHshed, but does not provide for the management 
thereof, the common pleas court of the proper county shall 
appoint five trustees, who shall have the control and man- 
agement of the property, moneys, and effects so set apart, 
and of the school or academy thus endowed. They shall 
hold their offices for five years, and until their successors 
are elected and qualified. But in making the first appoint- 
ment the court shall appoint one trustee for one year, one 
for two years, one for three years, one for four years, and 
one for five years. The trustees shall be a body corporate, 
with perpetual succession, and by such name as may be 
ordered by the court making the first appointment. 

HISTORY.— R. S. § 4105-67; 53 v. 33, § 1; S. & C. 13S3. 

The board of trustees of the Toledo university is a legal 
board vested with certain powers, and not a corporation: State, 
ex rel., Toledo, 3 O. C. C. (N. S.) 468, 13 O. C. D. 327. 

For the appointment of trustees of the Toledo university, 
see State, ex rel., v. Toledo, 3 O. C C (N. S.) 468, 13 O. C. D. 
327. 

The city of Cincinnati, as a corporation, may take any trust, 
devise and bequest for charitable uses, and it may establish regu- 
lations necessary to carry out the objects of trust, in accordance 
with the wish or the donor thus expressed in the instrument, 
whereby such bequest is made : Perin v. Carey, 24 How. 465. 



Section 



Immediately after their appointment Organization 



the trustees shall organize by appointing a president, sec- 
retary and treasurer, from their own number, and severally 
take and subscribe an oath to faithfully discharge the 
duties of trustees, and deposit it with the county auditor. 
Before taking possession of the property, moneys or effects, 
constituting the endowment or trust, they severally shall 
give bond, in such sum as the court requires, with two or 
more sufficient sureties, to be approved by a judge thereof, 
whose approval must be indorsed on the bonds, conditioned 
for the faithful management of the property, moneys, and 
efifects, entrusted to them and accountability therefor in such 
form as the court or judge may require. From time to 

(553) 



of board; 
oath and 
bond. 



554 



SCHOOLS SPECIALLY ENDOWED 



time the court may require additional bonds and surety, as 
appears necessary for the preservation of the trust estate. 
The bonds required shall be payable to the state, and de- 
posited in the office of the county auditor for safe keeping. 

HISTORY.— R. S. § 4105-70; 53 v. 33, § 4; S. & C. 1383. 



Filling vacan- 
cies; removal. 



Powers and 
duties of 
trustees. 



Section 7989. Such court annually shall appoint one 
trustee, to fill the vacancy then occurring; and at any 
other time fill vacancies that occur from any cause, for the 
unexpired term. Upon sufficient cause show^n, reasonable 
notice of the time and place of hearing having been given 
to the party interested, such court may remove a trustee, 
and, until a hearing be had, suspend him in the exercise 
of his office. 

HISTORY.— R. S. § 4105-68; 53 v. S3, § 2; S. & C. 1383. 

Section 7990. From time to time, trustees may es- 
tablish rules and regulations for the management and safe- 
keeping of the property, moneys, and effects, belonging to 
the trust, and the expenditure of the income thereof, and 
also for the._ management and government of the school 
or academy ; which must be consistent with the terms of the 
deed, devise or gift, creating the endowment, and with the 
laws of this state. They shall not, at any time, or for 
any cause, incur any debt or liability, beyond the net income 
of the trust property, moneys, and effects, or use or appro- 
priate it otherwise than to invest for the purposes of in- 
come, any part of the principal thereof-, unless expressly 
authorized so to do by the terms of the deed, devise or gift, 
creating the endowment of trust. 

HISTORY.— R. S. § 4105-69; 63 v. 33; S. & C. 1383; 98 v. 206, § 8. 



Contracts with 
board of edu- 
cation in 
which school 
is located. 



Section 7991. The trustees of any school heretofore 
established under the provisions hereof, and in no way 
connected with any religious or other sect, or any established 
school administered as a non-sectarian institution, and the 
board or boards of education of the district or districts 
in which such school is situated, may make contracts 
whereby such trustees receive into the school, pupils from 
such district or districts, who shall receive such instruction 
as is, or may be, provided by law for public schools in this 
state. In consideration of such service by such trustees, 
such board, under the general restrictions of the law re- 
lating to common schools, in so far as they are applicable 
and not inconsistent herewith, may contribute to the main- 
tenance of such school, and pay such part of the costs of 
the erection of additional buildings, and upon such con- 
ditions, not inconsistent with the deed, devise or gift under 
which the school is established, as is agreed upon by such 
board and such trustees. 

53 V. 33; £ 



HISTORY.-S. & C. 1383; R. S. § 4105 
107 V. 648. 



206, 



Neither a contract entered into under section 7991 of the 
General Code between a board of education and the trustees of a 
private academy nor the making of a levy for, the support of a 



SCHOOLS SPECIALLY ENDOWED 



555 



private academy by the board of education of a school district 
under sections 7673 and 7674 of the General Code, as amended 107 
O. L. 548, is effectual to constitute the private school with which 
such agreement or arrangement is made the high school of the 
district within the purview of the section authorizing the recovery 
of tuition for the attendance of non-resident pupils. 

Even if this were not so, .any right of recovery on account 
of such tuition would be limited to the board of education of the 
district making such agreement or arrangement and would not 
exist as against the board of education of any other district in 
favor of the management of the academy. 

The rights, if any, of the academy against the board of edu- 
cation making the arrangement or agreement referred to would 
not be in the nature of a claim for tuition, but would be predicated 
upon the agreement in the one instance and the making of the tax 
levy in the other. Op. Atty. Gen. (1917), p. 2369. 

Section 7992. But after the making of such contract rermination 
if such school becomes sectarian or in any way connected of contract if 

. , ,. . , - -^ ■' . school becomes 

With any religious or other sect the contract thereupon sectarian, 
shall terminate. When, for such cause, a contract term- 
inates, no right, title, or interest in or to any building 
toward the cost of which the board of education contributed 
shall pass to the trustees until full compensation has been 
made to the board for the contribution made by it to the 
construction of such building. 

HISTORY.— R. S. § 4105-69; 53 v. S3; S. & C 1383; 98 v. 206, § 3. 

Section 7993. On the second Monday of September, Accounts to 
in each year, and at such other times as the court requires, ^^ rendered, 
the trustees shall render a full and accurate account, state- 
ment, and exhibit, of the condition of the school or acad- 
emy under their management, and the condition of the 
trust estate and funds ; and cause it to be published in such 
form as the court directs. Such account, statement, and 
exhibit, shall be sworn to by the president, secretary, and 
treasurer, or two of them. 

HISTORY.— R. S. § il05-71; 53 v. Si, § 5; S. & C. 1S83. 

Section 7994. The common pleas court of the proper visitors. 
county, annually, at the first session after the second Mon- 
day in September, shall appoint three competent and dis- 
interested persons, who may visit any such school or acad- 
emy, examine it together with the condition of the trust 
estate or endowment, and shall report thereon to such court. 
The court shall also authorize such other visitations and 
examinations as appear to be necessary. 

HISTORY.— R. S. § 4105-72; 53 v. 34, § 6; S. & C. 1383. 



CHAPTER 30 
EDUCATIONAL CORPORATIONS' 



9925. 
9926. 
9927. 
9928. 
9929, 



9931. 



Section. 

8656. Term and number of trustees. 

9922. When trustees of incorporated col- 

lege, university or other institution 
of learning may appoint president, 
professor, etc.; adoption of by- 
laws. 

9923. College or university not to confer 

degrees until certificate of superin- 
tendent of public instruction filed 
with secretary of state. 

May hold donated property in trust. 

Who to constitute faculty; powers. 

May acquire machinery and land. 

May change stock into scholarship. 

Location may be changed. 

Change of purpose of endowment 
fund on order of court. 

When governor to fill vacancies in 
board of trustees. 
May increase property. 

9932. Power of board of trustees to bor- 

row money and issue bonds in 
anticipation of donations and col- 
lections to be received. 

9933. Statement to be made and filed by 

trustees before acquirement of addi- 
tional property. 

9934. How incorporated university or col- 

lege operating under patronage of 
church conference or religious 
bodies may be governed. 

9935. Trustees to be divided into classes; 

president ex-officio member; limita- 
tions and designations. 

9936. Term of office of trustees; vacancies. 

9937. Re-classification and re-apportion- 

ment of trustees, 

9937-a. The alumni association may elect 
one-fifth of board. 

9939. How a conference or other religious 

body may become a patron of in- 
corporated university or college. 

9941. When right of representation ceases. 

9942. Action to be taken by board of trus- 

tees terminating patronage of 
church conference or other re- 
ligious body. 

9943. Quorum; how constituted. 

9948. Endowment fund corporations; mem- 

bership therein, adoption of by- 
laws and election oi directors. 

9949. Organization and regulation of board 

of trustees of incorporated uni- 
versity or college acting under 
patronage of conference or other 
religious body. 
9960. Increase in number of trustees in 

church or college- corporations 
operating under religious bodies. 

9951. Colleges under ecclesiastical patron- 

age. 

9952. How existing corporations _ may avail 

themselves of the provisions. 



Section. 



9963. 



9954, 
9955. 



9955-1. 



9955-2, 



9956. 
9957. 
9958. 
9959. 
9960. 
9961, 
9962. 



9964. 



9965, 



9967. 

9968. 
9969. 
9970. 
9971. 
9972. 



9973. 
9974, 
9975, 



9977. 
9978, 



9979, 



9981 



9984 



9987 



Copy of acceptance to be filed with 
secretary of state. 

Number of trustees and classes. 

Election; term; vacancies; increase of 
board. 

Interchangeable use of the words 
"academy," "college" and "uni- 
versity." 

Use of interchangeable words does 
not affect the right or title to any 
gift, grant, devise or bequest. 

Assessments on stockholders. 

Meeting of stockholders; notice. 

How amount of assessment fixed. 

Limit of assessment and collection. 

Board of military academies. 

Board of visitors. 

Duties of board of visitors. 

How term of trustees fixed. 

Certain corporations may change lo- 
cation. 

Sale and distribution of property of 
certain corporations. 

How charter of incorporated uni- 
versity or college may be amended. 

Copy of amendment to be filed with 
secretary of state. 

Fee of secretary of state. 

College may change name or purpose. 

Procedure and effect. 

Fees of secretary of state. 

Association incorporated for purpose 
of promotion of fine arts, science, 
etc., may provide as to trustees or 
directors and establish their rules. 

May add to original objects. 

Acceptance of statutory provisions. 

Accounts of receipts and disburse- 
ments. 

Trustees ineligible to other office. 

Attorney-general may enforce duties 
of officers. 

May increase number of trustees of 
certain corporations. 

Distribution of new members. 

How university or college incorpo- 
rated as stock company may retire 
stock and become a corporation for 
profit. 

Cancellations by decree of court. 

Mechanics' institute may borrow 
money. 

Liability of directors and trustees. 

How medical colleges may receive 
bodies for dissection. 

Body to be delivered to claimant. 

Interment of body after dissection. 

Notification of relatives. 

Body of strangers or travelers. 

Liability for having unlawful pos- 
session of body. 



Term and 
number of 
trustees. 



Section 8656. Religious corporations, and institu- 
tions incorporated for the purpose of promoting education, 
science or art, may prescribe the time trustees thereof 
may hold their offices, except that the term of none shall 
exceed in number of years the number of its trustees. 

HISTORY.— R. S. § 3240; 78 v. 200; 80 v. 79; 85 v. 166; 95 v. 547. 

(556) 



EDUCATIONAL CORPORATIONS 557 

Section 9922. When a college, university, or other in- when officers 
stitiition of learning incorporated for the purpose of pro- "JfjJtJj ^^^ 
moting education, religion, morality, or the fine arts, has degrees con- 
acquired real or personal property, of twenty-five thousand ^^'■"^• 
dollars in value, has filed in the office of the secretary of 
state a schedule of the kind arid value of such property, 
verified by the oaths of its trustees, such trustees may 
appoint a president, professors, tutors, and any other nec- 
essary agents and officers, fix the compensation of each, and 
enact such by-laws consistent with the laws of this state 
and the United States, for the government of the institution, 
and for conducting the affairs of the corporation, as they 
deem necessary. On the recommendation of the faculty, 
the trustees a'so may confer all the degrees and honors 
conferred by colleges and universities of the United States, 
and such others having reference to the course of study, and 
the accomplishments of the student, as they deem proper. 

HISTORY.— R. S. § 3726; 50 v. 128, § 1; 51 v. 403, §§ 2, 8; S. & C. 266; 
S. & C. 270; 99 v. 262. 

Board of directors may accept trusts, see G. C. § 7915. 
Wilberforce, see G. C. § 7975, et seq. 

For decisions under special charters and former statutes, see 
State V. Farmers College, 32 O. S. 487 ; College v. Cary, 35 O. S. 
648; Library Association v. Pelton, 36 O. S. 253; Johnson v. 
Otterbein University, 41 O. S. 527. 

The plaintiff in error is a corporation organized under a 
special act passed in 1845. It was not organized for profit and has 
made none. Its object was the maintenance of a college for 
instruction in • dental surgery. Its capital consists of $12,000 in 
real estate, derived from the proceeds of one hundred and twenty 
certificates of shares which certify that the holder of each share 
"is entitled to one share of the real estate property of the college, 
drawing an interest of six per cent." On the margin of each cer- 
tificate, and a part of it, is : "Shares, one hundred dollars each." 
At this sum each certificate was valued and sold. All the share- 
holders, are dentists and members of the corporation. Its capital — 
the real estate above mentioned — has always constituted its entire 
property. During its existence (a period of about forty years) 
no interest has been collected or paid on any share. It is still a 
going corporation, and its capital — the real estate — is indispensable 
to its existence. The plaintiff below, a shareholder, brought his 
action, in 1882, to recover a money judgment for interest on his 
share. It was held that the action is not maintainable : Ohio 
College of Dental Surgery v. Rosenthal, 45 O. S. 183. 

Whether a diploma presented by one who desires a cer- 
tificate authorizing him to practice medicine is from "a medical 
institution in good standing" is to be determined, in the first instance, 
not by the court, but by the state medical board : State, ex rel., v. 
Medical College, 60 O. S. 122. 

An institution incorporated for the purpose of "the edu- 
cation of suitable persons in the art and science of curing disease^ 
by the use of air, baths, electricity, heat magnetism, massage and 
all other resources of nature," does not offend against the law of 
its creation by imparting instruction concerning the administering of 
drugs: State, ex rel., v. Medical College, 60 O. S. 122, 

The writ of mandamus will not issue on the relation of a 
medical college to compel the state medical board to recognize the 
college as a medical institution in good standing, not to compel 
the board to issue certificates to practice medicine in this state to 
holders of diplomas from such college : State v. Coleman, 64 O. S. 
377. 

A university which has been incorporated by the state, and 
which is exempt from taxation, but which has received no other 



558 



EDUCATIONAL CORPORATIONS 



State aid, and which has been endowed by private persons, and 
which charges tuition, is a private corporation ; and the courts have 
no power to regulate or .control its internal management as long 
as its trust funds are not diverted from the purpose for which they 
were given. Accordingly, the courts can not review the action of 
such university in dismissing a pupil for a violation of its rules, 
even though he has paid his tuition : Koblitz v. Western Reserve 
University, 21 O. C. C. 144, 11 O. C D. 515. 

The board of trustees of the Ohio university is not a cor- 
poration, and it can not sue or be sued in the United States 
courts : Thomas v. Ohio State University, 70 O. S. 92. 

The board of trustees of the Ohio agricultural and mechan- 
ical college is a branch of the state of Ohio, and is not a corpora- 
tion : Neil V. Trustees, 31 O. S. 15. 

To determine scientifically the damages a 'person might suffer 
by reason of being kept out of the enjoyment of a particular degree 
frorn a particular school^ is impossible, and, since the science of 
medicine is highly technical, no layman is qualified to determine 
the damages accruing from the faculty's giving, fairly or unfairly, 
a passing grade, thereby depriving a student of his medical degree : 
Sutton V. University, 12 O. L. R. 539, 60 Bull. 33. 

The trustees of a college or university in conferring degrees 
are, under this section, dependent upon the recommendation of the 
faculty. Accordingly, a student of medicine, after having failed 
five times in one subject and three in another, can not be heard 
to say that the university in which he has matriculated is guilty 
of a breach of contract in failing to confer the degree of medicine 
upon him, but is subject to the statutory restriction of securing 
the faculty's recommendation therefor : Sutton v. University, 
12 O. L. R. 539, 60 Bull. 33. 

No institution of learning may legally confer any degree per- 
taining or in respect to any course of study, unless as to that par- 
ticular course of study such institution has complied with the 
provision of sections 9922 and 9923 G. C. as amended 104 O. L. 236. 
Op. Atty. Gen. (1916), p. 1554. 

The certificate required to be filed in the office of the sec- 
retary of state under provision of section 9922, G. C., should 
contain a schedule of the kind and value of the property owned 
by the institution mentioned in said section and the statement of the 
value of said property should be verified by the oaths of the 
trustees of said institution. Op. Atty. Gen. (1915), p. 1614. 

Section 9923. But no college or university shall con- 
fer any degree until the president or board of trustees 
thereof has filed with the secretary of state a certificate 
issued by the superintendent of public instruction that the 
course of study in such institution has been filed in his 
office, and that the equipment as to faculty and other facili- 
ties for carrying out such course are proportioned to its 
property and the number of students in actual attendance 
so as to warrant the issuing of degrees by the trustees 
thereof. 

HISTORY.— S. & C. 266; S. & C. 270; R. S. § 3726; 50 v. 128, § 1; 51 v. 
403, §§ 2, 3; 99 v. 262; 104 v. 225 (236). 

See Opinions of Attorney General as follows : 

(1916), p. 1554, cited under Sec. 9922. 

(1915), p. 1614, cited under Sec. 9922. . " 

May hold Section 9924. A university, college, or academy, or 

donated prop- the trustccs thereof, may hold in trust any property devised, 
er y m rus . j^gq^g^^hed or donated to such institution, upon any specific 
trust consistent with the objects of the corporation. 

HISTORY.— R. S. § 3727; 50 v. 128, § 5; S. & C 267. 



Certificate to 
be filed with 
secretary of 
state. 



stitute faculty; 
powers. 



EDUCATIONAL CORPORATIONS 559 

If a subscription is made to an institution of learning for 
the purpose of paying future obligations, and liabilities are incurred 
in reliance upon such subscription, a sufficient consideration exists, 
and such subscription can be enforced : Wesleyan College v. Love's 
Executor, 16 O. S. 20; Irwin v. University, 56 O. S. 9 [affirming 
Irwin V. Webster, 7 O. C C. 269, 4 O. C. D. 590] ; Durrel v. Belding, 
4 O. C. D. 263. 9 O. C. C. 74; Hooker v. College, 13 Dec. Rep.; 
2 C. S. C. R. 353. 

A subscription to a fund for paying pre-existent debts of a 
college is without consideration and can not be enforced : Johnson 
V. Otterbein University, 41 O. S. 527. 

That a gratuitous subscription can not be enforced, see Sutton 
V. University, 7 O. C. C. 343, 4 O. C D., 627 [affirmed, without 
report, University v. Sutton, 54 O. S. 665]. 

A devise to a university by will executed within a year before 
the death of the testator, who dies, leaving issue of his body, is 
invalid by G. C. § 10504; but if the daughter of such testator 
confirms such devise, the nephews of such testator to whom the 
property is given in case the daughter does not devise, can not 
attack such gift: Ohio State University v. Folsom, 56 O. S. 701. 

If such daughter has confirmed such devise by deed, her 
heirs after her death can not recover the property thus devised : 
Thomas v. University, 70 O. S. 92. 

Property may be devised to the city of Cincinnati in trust for 
establishing and maintaining colleges for the education of boys 
and girls ; and such city may take such gift in trust : Perin v. 
Carey, 65 U. S. (24 How.) 465, 3 O. F. D. 634. 

Section 9925. The president and professors shall con- Who^ to 
stitute the faculty of any incorporated literary college or 
university, may enforce the rules and regulations enacted 
by its trustees for the government and discipline of the 
students, and suspend and expel offenders, as they deem 
necessary. 

HISTORY.— R. S. § 3728; 50 v. 128, § 6; S. & C. 267. 

The courts can not review the expulsion of a student by a 
private educational corporation : Koblitz v. Western Reserve Uni- 
versity, 21 O. C. C. 144, 11 O. C D. 515. 

The faculty of a college or university may regulate matters 
of discipline, and other matters not so regulated by the board of 
trustees, as they deem best. The faculty acting as a whole may 
enforce such regulations, or it may by proper action transfer the 
power of enforcing such regulation to the president, and may- 
also designate an assistant to the president of the college in the 
enforcing of such rules, to act in conjunction with the president 
or in his place when he is absent from the college or university. 
Op. Atty. Gen. (1914), p. 421. 

Section 9926. Any incorporated university, college. May acquire 
or academy may connect therewith, to be used as a part of ^nl^lanS 
its course of education, mechanical shops and machinery, 
or lands for agricultural purposes not exceeding three 
hundred acres, to which may be attached all necessary 
buildings for carrying on the m.echanical or agricultural 
operations of such institution. 

HISTORY.— R. S. § 3729; 50 v. 128, § 8; S. & C. 267. 
Mechanics' institute, see G. C. § 9982. 

Section 9927. Any company formed in pursuance of May change 
this title or which exists by virtue of a special act of scSarThips. 
incorporation, the property of which is held as stock, and 
not derived by donation, gift, devise, or gratuitous sub- 
scription, may change its capital stock into scholarships 



S6q 



EDUCATIONAL CORPORATIONS 



Location may 
be changed. 



How endow- 
ment fund 
diverted. 



when it becomes necessary for the purpose of carrying 
out the object for which it w^as formed, in the mode pro- 
vided in this title for increasing the capital stock of cor- 
porations. 

HISTORY.— R. S. § 3730; 50 v. 128, §§ 9, 10; S. & C. 268. 

A college which is incorporated as a private corporation for 
educational purposes has power to receive subscriptions to its 
endowment fund, but in return therefor to give instruction free, 
either for a limited period or perpetually, according to the amount 
of the endowment: College v. Carey, 35 O. S. 648. 

Section 9928. A college, university or other institu- 
tion of learning, existing by virtue of an act of incorpora- 
tion, or that hereafter becomes incorporated for any of the 
purposes specified in this chapter, if three-fourths of the 
trustees or directors thereof deem it proper, or if the insti- 
tution is owned in shares, or by stock subscribed or' taken, 
by a vote of the holders of three-fourths of the stock or 
shares, may change the location of such institution, convey 
its real estate, and transfer the effects thereof, and invest 
them at the place to which such institution is removed. 
No such removal shall be ordered, and no vote taken 
thereon, until after publication in the manner provided by 
law in case of a sale and distribution of the property of 
such an institution in which notice shall be fully set forth 
the place to which it is proposed to remove the institution. 
In case of removal, a copy of the proceedings of such meet- 
ing shall be filed with the secretary of state. 

HISTORY.— R. S. § 3731; 52 v. 77, § 12; S. & C. 268. 

Section 9929. The trustees of a corporation incorpo- 
rated to create, hold and manage a college endowment fund, 
the articles of incorporation of w^hich provide that the fund 
may be appHed to any object not inconsistent with the pur- 
poses of education different from that particularly specified 
therein, may apply to the common pleas court in the county 
where the corporation is located for permission to make 
such change, designating particularly the purposes to which 
it is proposed to apply the fund. On being satisfied that 
such change is not inconsistent with the object of the orig- 
inal creation and institution of the fund, the court shall 
authorize and sanction it.' 

HISTORY.— R. S. § 3732; 51 v. 393, § 2; S. & C. 269. 

The property of a private eleemosynary corporation, although 
charged with the maintenance of a college, or other "public charity," 
is private property within the meaning and protection of that 
clause of § 19, of the constitution of this state, which declares that 
"private propertv shall ever be held inviolate" : State ex rel., v. 
Neff, 52 O. S. 375. 

The result of the statute passed April 15, 1892 (89 v. 647), 
relating to the Cincinnati college, which, in terms, gives absolute 
control and management of the affairs and property of the Cin- 
cinnati college to the directors of the university of Cincinnati, 
is to take the property of the former and donate it to the latter 
institution. The statute, therefore, conflicts with Art. I, § 19, of 
the constitution of this state, and is void: State, ex rel., v. Neff, 
52 O. S. 375. 



EDUCATIONAL CORPORATIONS 



561 



Section 9930. 



When a vacanc}'' occurs in whole or in vacancies 

by 



part, in the board of trustees of an incorporated college, ^^gndnient 
seminary, or academy, by reason of an amendment of the of charter, 
charter thereof, or from other cause, and there is no pro- 
vision of law for fiUing it, within three months after re- 
ceiving information thereof, the governor shall appoint the 
required number of trustees, one-third thereof to serve for 
one year, one-third for two years, and one-third for three 
years. 

HISTORY.— R. S. § 3733; 75 v. 25, § 2. 

1. Ohio university lands held under leases executed prior 
to 1843 are subject to revaluation notwithstanding the act of the 
general assembly of Ohio, passed in that year, and declaring the 
true intent and purpose of the original acts pertaining to Ohio 
university to be otherwise. 

2. The original act, providing for the leasing of such lands, 
provided that at the expiration of the principal term of the leases 
the lands should be revalued and the rent should be fixed upon the 
basis of the average price of a bushel of wheat in a certain market, 
for a given number of years. This price was to be determined 
through the agency of referees, one of whom was to be appointed 
by the university, another by the lessees and the third by the two 
thus chosen; but in the event of the failure of the parties to 
designate one or more referees, the legislature at its next session 
should appoint such number of referees as the case might require. 

(a) On account of the change in the constitution, the legis- 
lature may not appoint referees, but without impairing the obli- 
gation of the subsisting contracts it may, in a proper case, pass a 
law providing for the appointment of such referees. 

(b) The provisions of the act, which are to be read into 
the leases executed under it, may now be complied with, notwith- 
standing the fact that they have been ignored for many years, the 
laches of the state and the university not being effective to deprive 
the trust of their benefit. 

(c) The revaluation which is to be made at the end of the 
principal term of the lease would remain effective only until the 
expiration of the period of twenty years from the time when that 
term expired. 

(d) The action of the legislature need not be "at the next 
session thereof," this provision being directory, merely. 

(e) While the provision for a revaluation at the end of 
the term and the proceedings therefor are separate and distinct 
from the provision for fixing the basis of rent, and the proceedings 
therefor, it should not be assumed by the legislature that the 
parties have failed to appoint referees until the trustees of Ohio 
university have taken steps toward a revaluation, and perhaps until 
they have appointed one referee in accordance with the terms of 
the original act. 

3. It being suggested that possibly the board of trustees of 
Ohio university is not at present a legally constituted body by 
reason of supposed defects in the manner in which the members 
thereof have been appointed, but such a fact, if true, would not 
affect the existence of the corporation known as "the president 
and trustees of Ohio university," and appropriations made by the 
general assembly for the use of the institution could not be withheld 
on that account. Op. Atty. Gen. (1914), p. 1566. 

Section 9931. A college, university, academy, sem- 
mary, or other mstitution devoted to the promotion of property, 
education, existing by virtue of a special act of incorpora- 
tion, or organized under the provisions of any law, whose 
property came and is held by donation, gift, purchase, de- 
vise, or gratuitous subscription, and the amount of which, 

36 s. L. 



;62 



EDUCATIONAL CORPORATIONS 



Temporary 
loans secured 
by mortgage, 
authorized. 



Statement to 
be filed. 



How certain 
boards may be 
constituted 
and governed. 



or the income arising therefrom is limited by such special 
act, or the articles of association adopted by such institu- 
tion, may receive, acquire, possess and hold any amount of 
property, real, personal or mixed, which its board of di- 
rectors or trustees, for the institution accepts, and by its 
trustees, sell, dispose of and convey it. But such property 
shall not be diverted from the express will of the donor, 
devisor or subscriber. 

HISTORY.— R. S. § 37^; 90 v. 71; 53 v. 170, § 1; S. & C. 368. 

The creation of a fund to pay pre-existing debts of a uni- 
versity is not a consideration for the promise to pay money to 
such fund : Johnson v. University, 41 O. S. 527. 

Section 9932. The board of trustees of such a college, 
university, academy, seminary, or other institution devoted to 
th^ promotion of education, in anticipation of donations to be 
received and collections to be made, for the purpose of con- 
structing, enlarging or adding to college buildings or im- 
provements, may borrow such sum of money, upon such 
terms and with such conditions and provisions as they de- 
termine to be -necessary therefor, by temporary loans with- 
out mortgage or by the issue of bonds or notes and secure 
them by a mortgage upon the property on which such im- 
provement is to be made, if the property is not held by 
them under some specific trust. 

HISTORY.— R. S. § 3734; 90 v. 71; 53 v. 170, § 1; S. & C. 368; 109 v. 21. 

Section 9933. Before such an institution shall be 
authorized to acquire and hold additional property, the 
trustees thereof, at a regular meeting of their board, or at 
a special meeting called for that purpose, from time to 
time shall make and sign a statement specifying the amount 
of additional property which they seek to acquire and hold, 
and set forth therein the purposes to which it is to be 
devoted, which^ statements shall be entered at large upon 
the record book of the trustees and be filed in the office 
of the secretary of state. 

HISTORY.— R. S. § 3735; 90 v. 72; 53 v. 170, § 2; S. & C. 368. 

Section 9934. The board of trustees of any univer- 
sity or college heretofore incorporated, or which may here- 
after be incorporated, and operating under the patronage 
of one or more conferences or other religious bodies of 
any religious denomination, may accept the provisions of 
this and succeeding sections 9935, 9936, 9937, 9937-a, 9939, 
9941, 9942 and 9943 by resolution adopted at any regular 
meeting of the board, and entered upon the record of its 
proceedings. After such acceptance the board in all re- 
spects shall be organized, constituted, regulated and per- 
petuated, pursuant to and under said provisions. No right 
acquired by any such board, university or college, under 
its charter or any law of this state, shall in any way be 
afifected thereby. 

HISTORY.— S. & S. 106; R. S. § 3736; 65 v. 188. § 1; 104 v. 171. 



EDUCATIONAL CORPORATIONS 5^3 

Section 9935. The president of such university or Trustees to be 
college shall, ex-officio, be a trustee after the acceptance classes; p"reV 
of the provision of this act by any such university or col- ^^embln°Hmita- 
lege. At any meeting of such board after the passage of tions and 
this act [G. C. §§9935 and 9937], such board shall divide ^^*^"*^*°"^' 
its number, not including such president, into classes, mak- 
ing one class for each conference or religious body at the 
time patronizing such university or college, and one class 
for the alumni of such university or college and one class 
of trustees at large. No class shall have more than ten 
members. Each conference or other religious body patron- 
izing such university shall have the same number of trus- 
tees. The board of trustees of such university or college 
may designate the number of trustees to be assigned to the 
alumni association and to the class of trustees at large, but 
the combined number of trustees apportioned to said pa- 
tronizing conferences of other religious bodies shall consti- 
tute majority of the entire board, not including the pres- 
ident. 

HISTORY.— S. & S. 106; R. S. § 3737; 65 v. 188, § 2; 104 v. 171; 107 v. 
636. 



of trustees; 
vacancies. 



Section 9936. The regular term of office of such Term of office 
trustees shall be five years, but upon the original formation 
of classes of trustees one or more trustees may be elected 
for one, two, three and four-year terms until the regular 
order can be established. The term of office of an equal 
number of trustees in each class, as near as may be, shall 
expire each year. Vacancies vv^hich occur in any class of 
trustees in any manner whatsoever except by expiration of 
time shall be filled only for the remainder of the term, 
but the term of office of a trustee shall not expire during 
any meeting of the board which does not continue for more 
than two weeks. 

HISTORY.— S. & S. 107; R. S. § 8738; 65 v. 188, § 3; 70 v. 157, § 1; 
104 V. 171. 

The fact that a trustee of the Ohio university removes from 
the state does not of itself create a vacancy in his position of 
trust; it simply authorizes the court to declare a vacancy upon a 
regular hearing: State v. Bryce, 7 O. (pt. 2) 82. 

Section 9937. If the number of conferences or other Re-ciassifica- 
religious bodies patronizing such university or college shall apportionment 
at any time be increased or decreased, the board of trustees of trustees, 
of such university or- college may re-classify said trustees 
of said bodies by an equal reduction of the number in each 
such class when a new conference or other religious body 
becomes a patronizing body and by an equal increase of 
the number in each such class when a conference or other 
religious body ceases to be a patronizing body. Whenever, 
by reason of a change in the number of patronizing con- 
ferences or religious bodies, it becomes necessary to re- 
classify the trustees in said board, and whenever said board 
deems it proper, for any other reason, to increase or de- 
crease its total membership, within the limits established 



564 



EDUCATIONAL CORPORATIONS 



by section 9935 the board (a lawful quorum being present) 
shall by appropriate resolution designate the number of 
trustees apportioned to each class and certify such appor- 
tionment to each patronizing conference or -other religious 
body and to such aulmni association, and all vacancies in 
such class thereafter shall be filled in accordance with such 
apportionment. 



HISTORY.-S. & S. 107; R. S. § 3739; 
171 (172); 107 v. 636 (637). 



V. 119; 65 V. 188, § 4; 104 v. 



The alumni 
association 
may elect 
one-fifth of 
board. 



Section 9937-a. The alumni composing the alumni 
association of such university or college may elect as mem- 
bers of the board of trustees of such university or college, 
as many members of such alumni association as there are 
members of the class of alumni trustees assigned or appor- 
tioned to said alumni association by the board of trustees 
of such university or college,' this class to constitute not 
less than one-fifth of the entire board, not including the 
president. This election shall be held under such regu- 
lations as the alumni association may prescribe and the 
result shall be certified by the proper officials of the alumni 
association to the board of trustees, which result shall be 
entered upon the records of said board. Such board of 
trustees composed of alumni trustees and trustees elected 
by patronizing conferences or other religious bodies, as 
provided in section 9935 to section 9937-a inclusive, may 
increase its own numbers by the election of a class of trus- 
tees at large, the number of which class shall be fixed by 
said board of trustees, under the Hmitations fixed by sec- 
tions 9935 and 9937-a. 

HISTORY.— 104 V. 171 (172). 



How a con- 
ference may 
become a 
patron. 



Section 9939. Any conference or other religious body 
not patronizing any particular university or college may 
become a patronizing body upon invitation of the board of 
trustees of such university or college by a majority vote 
of the whole board. The intention to become such patron- 
izing^ body shall be evidenced by the adoption of an appro- 
priate resolution and certification of the same to the board 
of trustees of such university or college, and such certified 
resolution shall be entered upon the minutes of the board 
of trustees of such university or college thereby com- 
pleting the right of such conference or religious body to act 
as a patronizing body. 

HISTORY.-S. & S. 107; R. S. § 3741; 65 v. 188, § 6; 104 v. 171 (172). 



When right 
of representa- 
tion shall 
cease. 



Section 9941. If a conference or other religious 
body patronizing a university or college and having a rep- 
resentation in its board of trustees, ceases to exist, or 
ceases to patronize such university or college, the right of 
such conference or other religious body to such representa- 
tion shall cease, and the board of trustees of such univer- 
sity or college shall apportion or distribute the number of 
trustees in such class to the remaining patronizing confer- 



tions. 



EDUCATIONAL CORPORATIONS 565 

ences or other religious bodies in order to maintain, as 
nearly as may be, the established number of trustees, and 
equality of representation from each patronizing body. 

HISTORY.— S. & S. 107: R. S. § 3743; 65 v. 188, § 8; 73 v. 163; 104 v. 
in (173). 

Section 9942. Before a conference or other religious Action must 
body represented in the board of trustees of such univer- ^oaJd!^^" ^^ 
sity or college shall cease to be represented in said board, 
the board of trustees shall declare and enter in the record 
of its proceedings that the conditions and contingencies 
terminating such representation have taken place. 

HISTORY.— S. & S. 107; R. S. § 3744; 65 v. 188, § 9; 104 v. 171 (173). 

Section 9943. Eleven trustees shall constitute a Quorum; how 
quorum of the board of any such university or college, constituted, 
whatever the number of trustees if more than twenty is or 
may become ; but when the number is twenty or less, a 
majority thereof shall constitute a quorum. 

history.— R. S. § 3745; 65 v. 188, § 10; S. & S. 108. 

Section 9948. The trustees of a corporation incor- Endowment 
porated for the purpose of creating a fund, the income of jH^^d corpora- 
which is to be applied to the promotion of education, may 
receive subscriptions for membership in the corporation, 
and they, or a majority of them, by giving ten days' notice, 
by publication in the county where the corporation is lo- 
cated, may call a meeting of members to adopt by-laws, 
and elect not more than nine directors. Each member 
shall have a vote for every amount by him subscribed equal 
to that in the articles of incorporation specified as neces- 
sary for membership, which may be cast in person or by 
proxy, but at no subsequent meeting can a member vote 
for or be eligible as a director who is in arrears to the cor- 
poration. The trustees shall control the funds and disburse 
the income of the corporation as provided by its by-laws. 

history.— R. S. § 3750; 69 v. 173, §§ 1, 2, 3, 4, 5. 

Section 9949. The board of trustees of a university. How certain 
college or other institution of learning, incorporated, and sSifed^and 
acting under the patronage of one annual conference or governed. 
other religious body of a religious denomination, may ac- 
cept the provisions of this and the succeeding section, by 
resolution adopted at a meeting of the board, and entered 
upon the record or journal of its proceedings. After such 
acceptance the board shall be organized, constituted, reg- 
ulated, and perpetuated as therein provided. No right ac- 
quired by such board, university, or other institution of 
learning, under its charter, or any law of this state, shall 
be impaired or affected thereby. 

HISTORY.— R. S. § 3751; 69 v. 180, § 1. 

Section QQ^o. The board of trustees of a university y 

^^^ , J Increase in 

or college heretofore incorporated, and now under the number of 
patronage of one annual conference, synod or other reli- 
gious body of a religious denomination, may increase the nations. 



trustees in 
certain corpo- 



566 



EDUCATIONAL CORPORATIONS 



Colleges under 

ecclesiastical 

patronage. 



number of its trustees, not exceeding six. Such additional 
trustees shall be nominated by the collegiate alumni of the 
university or college from the collegiate alumni of three 
years' standing, for appointment or election by such patron- 
izing conference or synod, under such regulations as are 
prescribed by such board, if it determines to increase the 
number of its trustees and makes such regulations for their 
nomination, by resolution adopted at a regular meeting of 
the board and duly entered on the record of its proceed- 
ings, and, such patronizing or governing conference or 
synod consents to the increase and the rules and regula- 
tions for their nomination. And after such board is so 
increased by not exceeding six additional trustees, in all 
respects it shall be organized, constituted, regulated and 
perpetuated pursuant to and under its charter, and such 
provisions. No rights acquired by such a board, univer- 
sity or college, under its charter or any law of this state, 
shall be affected or impaired thereby. 

HISTORY.— R. S. § 3751a; 91 v. 155. 

Section 9951. A corporation may be formed for the 
promotion of academic, collegiate or university education, 
under religious influences, may set forth in its articles or 
certificate of incorporation, as a part thereof, the name of 
the religious sect, association or denomination with which 
it is to be connected, and grant any ecclesiastical body of 
such religious sect, association or denomination, whether 
it be a conference, association, presbytery, synod, general 
assembly, convocation or otherwise, the right to appoint its 
trustees or directors, or any number thereof. It also may 
set forth in its articles or certificate such other rights as to 
the administration of the purpose for which it is organized, 
consistent with the laws of this state and of the United 
States, as the incorporation desires to confer upon the 
ecclesiastical 1)ody of such sect, association or denomina- 
tion, and that body may exercise all rights and powers set 
forth therein. 

HISTORY.— R. S. § 3751b; 9i v. 331. 

A mlmicipal corporation may become a trustee for an edu- 
cational institution : Perin v. Carey, 65 U. S. (24 How.) 465. 
3 O. F. D. 634. ■ - 



How existing 
corporations 
may avail 
themselves 
of the pro- 
visions. 



Section 9952. A corporation formed for the promo- 
tion of academic, collegiate or university education, under 
religious influences, incorporated under the laws of this 
state, by special act or otherwise, may avail itself of the 
provisions of the preceding section, as a part of its articles 
or certificate of incorporation, and may confer on an eccle- 
siastical body of such religious sect, association or denom- 
ination, it is or proposes to be connected with, whether it 
be a conference, association, presbytery, synod, general 
assembly, convocation or otherwise, any or all of the rights, 
powers or privileges by such section allowed to be conferred 
on corporations hereafter organized, and may accept the 



EDUCATIONAL CORPORATIONS 



567 



provisions by a vote of the majority of its trustees at any 
regular meeting. 

HISTORY.— R. S. § 3751c; 94 v. 331. 

Section 9953. When so accepted, a copy of the ac- copy of ac- 
ceptance, certified by the secretary or clerk of its board of fi]^d^"wfth° ^^ 
trustees or directors, shall be sent to the eccleastical body secretary of 
with which it is or proposes to be connected. If such body 
agrees to accept the powers proposed to be conferred upon 
it, it shall certify its approval upon the certified copy so 
sent, and it thereupon shall be filed in the office of the sec- 
retary of state. When thus filed it will be a part of the 
charter of such corporation, and such ecclesiastical body 
shall exercise all the rights and powers so set forth in the 
articles or certificate of corporation. 

history.— R. S. § 3751c; 91 v. 331. 

Section 9954. After such acceptance the board shall Number of 
certify it to the patronizing conference or other religious *j"|g^^^ ^"^ 
body having the right to elect or appoint trustees of such 
university or other institution of learning, at the next meet- 
ing of such conference or other religious body; and there- 
after the board shall consist of twenty-one trustees elected 
or appointed, and the president of such university or other 
institution of learning, who shall be ex-officio a member 
thereof. Such elected or appointed trustees shall be di- 
vided into three classes of sever! members each. 

HISTORY.— R. S. § 3752; 85 v. 140, 141; 69 v. 180, §§ 2, 3; 70 v. 157, § 1. 



Section 9955. At the first election or appointment Election; 
after such acceptance, one of such classes shall be elected cindU^^in- 
or appointed for one year, one for two years and one for crease of 
three 5^ears. In subsequent elections or appointments each 
of the classes of trustees shall be elected or appointed for 
three years. No term of office of such a trustee shall ex- 
pire during a meeting of the board which does not continue 
more than two weeks. Ten members of the board shall 
constitute a quorum. Vacancies which occur in any class of 
trustees otherwise than by expiration of the term of office 
shall be filled only for the remainder of the term. Such 
a university or other institution of learning which hereto- 
fore accepted the provisions of sections ninety-nine hun- 
dred and . forty-nine, ninety-nine hundred and fifty-four, 
and ninety-nine hundred and fifty-five-, may increase its 
board of trustees by ejecting or appointing two additional 
members in each of the classes of trustees herein provided 
for. 

HISTORY.— R. S. § 3752; 85 v. 140, 141; 69 v. 180, §§ 2, 3; 70 v. 157, § 1. 

Section 9955-1. A corporation formed for the pro- interchange- 

tion of academic, collegiate or university education under l^l^^ords°^ 

religious influences, and connected with any religious sect, ;;academy," 

association, or denomination, and to which, whether it be a ♦•university!'' 
conference, association, presbytery, synod, generai-as- 



568 



EDUCATIONAL CORPORATIONS 



sembly, convocation, or otherwise, it has granted the right 
to appoint its trustees or directors, or any number thereof, 
and which has incorporated into its charter or certificate 
of incorporation as a part of its corporate name either one 
or more of the words ''academy," ''college," or "university," 
may use one or more of said words not so incorporated 
therein interchangeably with said word or words which 
may have been incorporated therein to the same extent and 
as fully as the word or words so incorporated therein has 
or have been heretofore used in the name of such corpora- 
tion, when authorized so to do by a resolution adopted by 
a majority vote of its trustees, or directors at any regular 
meeting, or special meeting called for that purpose. Pro- 
vided that a copy of such resolution certified by the clerk 
or secretary of such trustees or directors, and accompanied 
by a resolution of consent passed by such one of such 
ecclesiastical bodies as aforesaid, with which such corpo- 
ration is connected, and certified by its clerk or secretary, 
shall first be filed in the office of the Secretary of State, 
and a certified copy thereof shall have been issued to and 
received by said c!erk or secretary of such trustees or 
directors. 

HISTORY.-104 V. 3. 



Use of inter- 
changeable 
words does 
not affect _ the 
right or title 
to any gift, 
grant, devise 
or bequest. 



Section 9955-2. Nothing herein contained, or the 
interchangeable use of said word or words, as herein pro- 
vided and authorized, shall be held or construed as abolish- 
ing the use of the original corporate name of such corpo- 
ration, or as afifecting the title, right or possession of such 
corporation to, or of, any gift, grant, devise, or bequest 
heretofore, or hereafter made to it, whether the same shall 
have been made or shall be made in the original corporate 
name, or in one or more of said interchangeable names, 
or in all of such names: And the use of such original 
incorporate name, or one or more of such interchangeable 
names shall be held and construed as vesting in such cor- 
poration all gifts, grants, devises, and bequests as fully 
and to the same extent as if the same had been made in 
the name of the original incorporated name. 

HISTORY.-104 V. 3. 



Assessments. Section 9956. The proportion that each stockholder 

of a college, academy, university, seminary, or other insti- 
tution for the promotion of education, shall be required 
to pay to meet the debts and liabilities of the corporation, 
may be determined and collected in the manner provided 
by the three succeeding sections. 

HISTORY.— R. S. § 3753; 58 v. 20, § 1; S. & S. 108. 



Meeting of 
stockholders: 



Section 9957. The trustees of such corporation de- 
siring to avail themselves of such provisions shall call a 
meeting of the stockholders for the purpose of determining 
what amount of its indebtedness shall be paid by each 
stockholder, and give thirty days' notice to the stockholders 



EDUCATIONAL CORPORATIONS 



569 



in writing or by publication in some newspaper of general 
circulation in the county where the corporation is located, 
of the time, place, and purpose of the meeting, at which 
also, the trustees shall submit a detailed statement showing 
the assets and indebtedness of the corporation. 

HISTORY.— R. S. § 3754; 58 v. 20, §§ 2, 3; S. & S. 108. 

Section 9958. A majority in interest of the stock- 
holders present at such meeting may determine what 
amount of the indebtedness of the corporation is to be paid 
by each stockholder, and fix the time and mode for the 
payment of the money assessed against each stockholder. 
But these provisions shall not interfere with or abridge 
the right of a creditor of the corporation to institute any 
proceedings authorized by law to enforce the liability of 
stockholders. 

HISTORY.— R. S. § 3755; 58 v. 20, § 4; S. & S. 108. 



How amount 
of assessment 
fixed. 



Section 9959. The assessment shall be pro rata upon Limit of as- 
the stock subscribed or otherwise acquired by each stocks coiSon ^"^ 
holder, and in no case shall exceed the amount for which 
each stockholder is or may be liable by law. A stockholder 
who fails to pay the amount so assessed against him, shall 
be liable in a civil action to be brought in the name of the 
corporation, for the recovery thereof, as in other cases of 
indebtedness. 

HISTORY.— R. S. § 3756; 58 v. 20, §§ 5, 6; S. & S. 108, 109. 



Section 9960. The academic board of an institution Board of 
incorporated for military and polytechnical education shall ™adeifies. 
consist of the superintendent thereof, the commandant of 
cadets,' and the professors. It may make and enforce rules 
and regulations for the government of cadets, but they 
first shall be submitted to and approved by the governor 
of the state. 



history.— R. S. § 3767; 64 v. 



t§ 1, 2; S. & S. 109. 



Section 9961. The board of visitors of such an insti- Board of 
tution shall consist of the governor, who shall be ex-officio ^^^*t°^^- 
a member and the president of the board, of two other 
persons to be named by him, and such other persons as the 
superintendent of the institution appoints. 

HISTORY.— R. S. § 3758; 64 v. 239, § 3; S. & S. HO. 



Section 9962. The board of visitors shall meet at the Duties of 
institution, on the first day of the annual commencement board of 

' . . ^ .. ; , visitors. 

exercises, and examme mto the condition of the classes, 
quarters, and commons, the discipline, drill, records of 
standing in study, and conduct of the cadets, and report 
thereon to the legislature at its next session. The board 
of visitors, or any member thereof, may visit and inspect 
the institution at any time. 

HISTORY.-R. S. § 3759; 64 v. 239, § 4; S. & S. 110. 



570 



EDUCATIONAL CORPORATIONS 



How term of 
trustees fixed. 



Certain corpo- 
tions may- 
change loca- 
tion. 



Section 9963. At a regular meeting- for the election 
or directors or trustees of a college or other institution of 
learning, the authorized voters may determine by vote, 
whether the election of directors or trustees shall be held 
annually, if the term of their election is for a longer period 
than one year, and also what proportion of the entire board 
shall be so elected. At the first election hereunder the 
voters shall designate upon their ballots who shall serve 
for one year, who for two years, and who for three years. 
Vacancies caused by expiration of term of ofhce shall be 
filed by election annually thereafter. 

HISTORY.— R. S. § 8760; 70 v. 125, § 1. 

Section 9964. The trustees of colleges and other in- 
stitutions of learning not endowed by voluntary contribu- 
tions, established under special acts of incorporation, and 
which, by the provisions thereof are located at particular 
places, may change their location to such other places as 
they deem proper, and erect and maintain academies and 
other schools auxiliary thereto. 

HISTORY.-R. S. § 3761; 70 y. 248, § 1. 



Sale and 
distribution 
of property 
of certain 
corporations. 



Section 9965. The trustees of a university, college, or 
other institution of learning, incorporated by authority of 
this state under special charter, owned in -shares or stock 
subscribed or taken, may dispose of its property at public 
sale, on such terms as to payment as the stockholders by a 
vote of three-fourths of the shares or stock of the institu- 
tion, direct, after giving public notice thereof, by publica- 
tion, for six consecutive weeks in some newspaper pub- 
lished in the county where the institution is located. Such 
notice shall contain a full statement of the terms, time and 
place of sale, and such action of the trustees. The trustees 
may close up the corporate existence of such institution, 
and make an equitable division and distribution of the pro- 
ceeds of the sale among all the holders of shares or stock, 
after the payment of its just debts. 

history.— R. S. § 3762; 67 v. 24, § 1. 



Certain col- 
leges may 
file charter 
and amend. 



Section 9966. The trustees of any university, college 
or institution of learning, incorporated under authority of 
this state, owned in shares of stock subscribed and paid up 
in full, by a majority of the owners of such stock, for the 
sole purpose of promoting education, religion and morality, 
or the fine arts , exclusively among males or females, on the 
written petition of the owners of a majority of such stock 
filed before its trustees or on the vote of the owners of the 
majority of such shares of paid up stock at any general 
meeting of the stockholders called for such purpose, after 
thirty days' notice published in some newspaper published 
and of general circulation in the county, by them, may 
change the name and enlarge the purposes and objects of 
such university, college or institution, by amendments to 
its charter, approved by the owners of the majority of such 



EDUCATIONAL CORPORATIONS 571 

stock, SO that all the educational rights and privileges there- 
of may be bestowed in the co-equal and co-ordinate edu- 
cation of both sexes. 

HISTORY.— R. S. § 3762a; 85 v. 270. 

An incorporated college or university may receive sub- 
scriptions to an endowment fund, and in consideration thereof may 
agree to furnish tuition either for limited periods or perpetually : 
College V. Carey, 35 O. S. 648. 

Section 9967. When such amendment is adopted and copy of 
the original articles of incorporation of such corporation b"^^fii^d^"kh° 
have not been filed and recorded in the office of the sec- secretary of 
retary of state, a copy of the arnendment and of the orig- ^^^^^' 
inal articles, v\^ith a certificate to each of them thereto af- 
fixed, signed by the president and secretary of the corpo- 
ration, and sealed with the corporate seal, if any there be, 
stating the fact and date of the adoption of such amend- 
ment, and that such copy thereof and of the original articles . 
of incorporation are true -copies of the originals shall be 
recorded in such office. When so recorded, such amend- 
ment shall be in law the sole articles of incorporation of the 
corporation. The property, real and personal, corporate 
franchises, and endowment funds, gifts, bequests, legacies, 
or mortgage securities, promissory notes, and rights of 
every kind belonging to, vested in, claimed, or possessed 
by the original corporation, by such amendment shall pass 
to, and be enjoyed and exercised by the corporation named, 
created and organized by such amendment for the pro- 
motion of all the objects and purposes of its creation and 
organization. 

HISTORY.— R. S. § 3762a; 85 v. 270. 
See.G. C. § 9966. 

Section 9968. For recording such amendments and p^^ ^^ ^^^^^_ 
copies of original articles of incorporation, and furnishing tary of state. 
a certified copy or copies thereof, the secretary of state 
shall receive a fee of twenty cents per hundred words, to 
be in no case less than five dollars. 

HISTORY.— R. S. § 3762a; 85 v, 270. 

Section 9969. The board of trustees of a university, colleges may 
college, or institution of learning, incorporated under au- change name 
thority of this state, for the sole purpose of promoting edu- 
cation, religion and morality, or the fine arts, at a regular 
or special meeting of such board of trustees, called for 
that purpose, after thirty days' actual notice to each and 
all such trustees, may change the name and enlarge the 
purpose and objects of such university, college or institu- 
tion of learning, by amendment to its charier, approved 
by a majority of the board at such regular or special 
meeting, so called and so notified, for such change of its 
name, and the enlargement of its purposes and objects. 

HISTORY.-R. S. § 3762b; 87 v. 8. 



572 



EDUCATIONAL CORPORATIONS 



Procedure SECTION 9970. When sucli amendment is so adopted 

and eflfect. ]^y ^j^g board of trustees of such university, college or insti- 
tution of learning, a copy thereof with a certificate thereto 
affixed, signed by the president and secretary of such board 
and sealed with the corporate seal, if any there be, stating 
the fact and date of such amendment, and that such copy 
is a true copy of the original amendment, shall be filed and 
recorded in the office of the secretary of state, and when 
so filed and recorded such amendment shall be in law an 
integral part of the articles of incorporation of such cor- 
poration. The property, real and personal, corporate 
powers and franchises, endowment funds, gifts, bequests, 
legacies, mortgage securities and promissory notes, belong- 
ing to, such original corporation, by such amendment shall 
pass to, and be enjoyed and exercised by the corporation 
created and organized by such amendment for the promo- 
tion of the objects of its creation and organization. Such 
new corporation shall be liable for and must perform all 
the lawful obligations and contracts of the original cor- 
poration. 

HISTORY^— R. S. § 3762b; 87 v. 8. 

Fees fo secre- SECTION 9971. For recording such amendment and 

tary of state, furnishing a certified copy or copies thereof, the secretary 
of state shall receive a fee of twenty cents per hundred 
words, to be in no case less than five dollars. 

HISTORY.— R. S. § 3762b; 87 v. 8. 



Organic rules 
may be pre- 
scribed in 
articles of 
certain corpo- 
rations. 



Section 9972. An association incorporated for the 
purpose of receiving gifts, devises or trust funds to erect, 
establish, or maintain an academy in any department of 
fine arts, a gallery for the exhibition of paintings, or sculp- 
ture or works of art, a museum of natural or other curi- 
osities, or specimens of art or nature promotive of knowl- 
edge, or a law or other library, or courses of lectures upon 
science, art, philosophy, natural history, or law, and to 
open it to the public on reasonable terms ; or an industrial 
training school, or a mechanics' institute for advancing the 
best interests of mechanics, manufacturers and artisans, by 
the more general dififusion of useful knowledge in those 
classes of the community, or homes for indigent and aged 
widows and unmarried women, whose directors or trus- 
tees may be of either sex, in its articles of incorporation 
may prescribe the tenure of office of the trustees or direct- 
ors, the mode of appointing or electing successors, the ad- 
ministration and management of the property, trust and 
other funds of the corporation and such other organic 
rules as are deemed expedient or acceptable to donors, 
which shall be the permanent organic law of the corpo- 
ration. 

HTSTORY.— R. S. § 3767; 84 v. 31; 83 v. 40; 75 v. 135, §§ 1, 3. 



EDUCATIONAL CORPORATIONS 573 

Section 9973. By certificate duly acknowledged by ^pjnlf^ob- 
the trustees or directors, and filed in the office of the sec- Jects. 
retary of state, such corporations may add to the original 
objects and purposes thereof, any of the several objects 
and purposes, mentioned in the preceding section, not pro- 
vided for by the articles of incorporation. 

HISTORY.-R. S. § 3768; 83 v. 41; 75 v. 135, § 3. 

Section 9974. Such corporation heretofore incorpo- Acceptance 
rated under the laws of the state, by certificate reciting^ the °^ statutory 

, 111 • • provisions. 

organic rules adopted by the corporation as its permanent 
organic law, duly acknowledged by the trustees or directors, 
and filed in the office of the secretary of state, may accept 
the provisions of the second preceding section. 

HISTORY.— R. S. § 3768; 83 v. 41; 75 v. 135, § 3. 

Section 9975. The officers of such a corporation Accounts of 
charged or intrusted with the receipts and disbursements disbi?sem"nts. 
of its funds or property, shall make and keep accurate and 
detailed accounts of such funds, and the receipts and dis- 
bursements thereof such as are required to be kept by the 
fund commissioner of the state. On or before the third 
Monday in January of each year the trustees shall file with 
the clerk of the common pleas court of the county in which 
the corporation is located an abstract of their account which 
shall correspond in date, amount, person to whom paid, 
from whom received, and on what account, with the vouch- 
ers taken or given on account of such receipts and dis- 
bursements. At the same time they annually shall file in 
such clerk's office a report of the names of the donors, the 
kind, amount, or value of gifts of each, and a brief state- 
ment of the conditions and purposes of the gifts. The filing 
of such abstract and report, and the supplying of any 
omission in either, may be enforced by order and attach- - 
ment of the common pleas court of the proper county, 
against the trustees, on motion of any respectable citizen. 

history.— R. S. § 3769; 75 v. 135, § 4. 

Section 9976. No trustee of such corporation shall Trustees 
be eligible to any office or agency of the corporation to ineligible to 
which a salary or emolument is attached, nor shall the trus- 
tees be allowed any salary, emoluments or perquisites, ex- 
cept the right of free ingress to the grounds, rooms, and 
buildings of the corporation. 

HISTORY.-R. S. § 3770; 75 v. 135, § 5. 

Section 9977. On application to the attorney general Attomey-gen- 
by five citizens of the proper county, in writing, verified erai may en- 
by the oath or affirmation of one of them, setting forth of officers. 
specific charges against any of the fiscal or other agents 
or trustees of such a corporation, involving a breach of 
trust or duty, he shall give notice thereof to the trustees 
or agents complained of, and inquire into the truth of such 
charges. For this purpose he may receive affidavits, or 



574 



EDUCATIONAL CORPORATIONS 



May increase 
number of 
trustees of 
certain cor- 
porations. 



enforce, by process from the court of common pleas of 
Franklin county, the production of -papers and the attend- 
ance of witnesses before him. If, on testimony or other 
evidence, he believes the charges or any of them to be true, 
he shall proceed, by action in that court, in the name of 
the state, against the delinquent trustee or trustees, fiscal 
agent or agents, and, on the hearing the court may direct 
the performance of any duty, or the removal of all or any 
of the agents or trustees, and decree such other and fur- 
ther relief as is equitable. 

HISTORY.— R. S. § 3771; 75 v. 135, §6. 

Section 9978. The board of trustees of a university 
or college heretofore incorporated, but not under the patron- 
age of conferences or other ecclesiastical bodies of any 
religious denomination, may increase the number of such 
trustees to twenty-four, exclusive of the president, or a 
less number, and divide such trustees into six classes, each 
class to serve six years, and one class to be chosen each 
year, for such term. One trustee of each class may be 
chosen by the votes of the alumni of such university or 
college, if the board of trustees so provides by by-law, in 
which case the board also shall provide by such by-laws, 
a method of nominating and electing such appointee of the 
alumni. 

HISTORY.— R. S. § 3771a; 87 v. 188; 86 v. 341. 



Distribution of 
new members. 



Section 9979. The president of such university or 
college shall ex-officio, be a trustee perpetually, and not be 
included in the classes going out in rotation. If in the 
first enlargement of the board of trustees, under the pre- 
ceding section it be necessary to distribute new members 
to the several classes, whose terms will expire by rotation, 
the distribution may be made in such manner as the board 
directs so that no trustee shall be elected for a longer term 
than six years. 

HISTORY.— R. S. § 3771a; 87 v. 188; 86 v. 341. 



Stock corpo- 
rations may 
retire stock. 



Section 9980. The board of trustees of a university 
or college in this state organized as a stock corporation 
and not under ecclesiastical patronage, upon the surrender 
and cancellation of all outstanding shares of its capital 
stock, may cause a certificate of that fact, .sealed with the 
corporate seal and signed by the president and secretary 
of such board, to be filed in the ofhce of the secretary of 
state, which certificate the secretary of state shall record 
for public use in the records of his office, and a certified 
copy of which he shall return to such board of trustees 
upon receipt of a fee of twenty cents per one hundred 
words, to be in no case less than five dollars. Thereupon 
such university or college shall continue its corporate ex- 
istence as a corporation not for profit and with the same 
powers, duties, privileges and immunities as it previously 
possessed, save such as relate to its capital stock. Such 



EDUCATIONAL CORPORATIONS 



575 



board by resolution may conform the number, tenure and 
mode of election of its own members to the provisions of 
the preceding section, except, that trustees not authorized 
to be elected by alumni, shall be elected by the board ; and 
that the ex-officio membership thereon of the president of 
such college or university shall be optional with the board. 

HISTORY.— R. S. § 3771b; 99 v. 260. 

Section 9981. When such a corporation seeking to Cancellation 
avail itself of the provisions of the preceding section has court!^^^^ °^ 
procured the surrender for cancellation of not less than 
sixty per cent of the outstanding shares of its capital stock, 
any residue thereof standing upon its books in the names 
of persons, partnerships, societies or corporations that for 
seven years or more have been deceased, dissolved or of 
unknown address, and non-participants in the corporate 
elections, and of whose shares aforesaid no known owner 
exists, may be cancelled by decree of the court of common 
pleas of the county wherein such corporation is located, 
upon its petition, duly certified, being filed therein, making 
such persons, partnerships, societies and corporations or 
their legal representatives parties defendant, and on serving 
such defendants with public notice of the pendency of such 
petition in the manner provided for service by publication 
in civil actions, and upon averment and proof by the plain- 
tiff and a finding by the court of the facts as hereinbefore 
required, and of the further fact that the plaintiff is an 
eleemosynary corporation. Thereupon the shares of such 
defendants shall be deemed to be cancelled and surrendered, 
and the decree shall not be vacated or set aside, on the 
application of any such defendant, otherwise than as in 
the case of judgments in civil actions. 

HISTORY.— R. S. § 3771c: 99 v. 260. 



Section 9982. A mechanics' institute, incorporated 
under the laws of this state prior to the year eighteen hun- 
dred and fifty-one, may borrow money, issue bonds or 
notes therefor at no more than the legal rate of interest, 
and secure them by mortgage upon its real estate. 

history.— R. S. § 3768-1; 82 v. 118, § 1. 



Mechanics' 
institute may 
borrow money. 



Section 9983. The directors and trustees of such cor- 
porations shall not be personally liable for debts contracted 
by them, as in the preceding section provided. 

history.— R. S. § 3768-2; S2 v. 118, § 2. 

Section 9984. Superintendents of city hospitals, di- 
rectors or superintendents of city or county infirmaries, 
directors or superintendents of w^ork-houses, directors or 
superintendents of asylums for the insane, or other charit- 
able institutions founded and supported in whole or in part 
at public expense, the directors or warden of the penten- 
tiary, township trustees, sheriffs, or coroners, in possession 
of bodies not claimed or identified, or which must be buried 



Liability of 
directors and 
trustees. 



How medical 
colleges may- 
receive bodies 
for dissection. 



576 



EDUCATIONAL CORPORATIONS 



at the expense of the county or township, before burial, 
shall hold such bodies not less than thirty-six hours and 
notify the professor of anatomy in a college which by its 
charter is empowered to teach anatomy, or the president 
of a county medical society, of the fact that such bodies 
are being so held. Before or after burial such superin- 
tendent, director, or other officer, on the written application 
of the professor of anatomy, or the president of a county 
medical society shall deliver to such professor or president, 
for the purpose of medical or surgical study or dissection, 
the body of a person who died in either of such institutions, 
from any disease, not infectious, if it has not been re- 
quested for interment by any person at his own expense. 

HISTORY.— R. S. § S763; 93 v. &4; 78 v. 33; 67 v. 25, § 1. 
See G. C. § 9985. 



Body to be 
delivered to 
claimant. 



Section 9985. If the body of a deceased person so 
delivered, be subsequently claimed, in writing, by a relative 
or other person for private interment, at his own expense, 
it shall be given up to such claimant. 

HISTORY.— R. S. § 3763; 93 y. 84; 78 v. 33; 67 v'. 25, § 1. 

The next of kin of a decedent have the right to determine 
the place and manner of burial : Smiley v. Bartlett, 6 O. C. C. 234, 
3 O. C. D. 432. 



Interment of 
body after 
dissection. 



Section 9986. After such bodies have been subjected 
to medical or surgical examination or dissection, the re- 
mains thereof shall be interred in some suitable place at 
the expense of the party or parties in whose keeping the 
corpse was placed. 

HISTORY.— R. S. § 3763; 93 v. 84; 78 v. 33; 67 v. 25, § 1. 



Notification 
of relatives. 



Section 9987. In all cases the officer having such 
body under his control, must notify or cause to be notified, 
in writing, the relatives or friends of the deceased person. 

67 V. 25, § 1. 



HISTORY.— R. S. § 3763; 
See G. C. § 9985. 



V. 84: 78 v. 



Body of 
strangers or 
travelers. 



Section 9988. The bodies of strangers or travelers, 
w^ho die in any of the institutions above named, shall not 
be delivered for the purpose of dissection unless the 
stranger or traveler belongs to that class commonly known 
as tramps. Bodies delivered as herein provided shall be 
used for medical, surgical and anatomical study only, and 
within this state. 



HISTORY.— R. S. § 3763; 



v. 84; 78 v. 33; 67 v. 25, § 1. 



Liability for 
having unlaw- 
ful possession 
of body. 



Section 9989. A person, association, or company, 
having unlawful possession of the body of a deceased 
person shall be jointly and severally liable with any other 
persons, associations, and companies that had or have had 
unlawful possession of such corpse, in any sum not less 
than five hundred nor more than five thousand dollars, to 
be recovered at the suit of the personal representative of 



EDUCATIONAL CORPORATIONS 577 

the deceased in any court of competent jurisdiction, for 
the benefit of the next of kin of deceased. 

HISTORY.— R. S. S 8764; Revised Statutes of 1880. 

This section does not apply to cemetery associations, nor to 
the trustees thereof ; and it does not apply to the remains of 
persons which have been buried for a long time, and which are 
subsequently removed or disturbed by reason of a change in 
the purpose to which land is put (see G. C §§ 12689 to 12CD2) : 
Carter v. Zanesville, 59 O. S. 170. 



87 s. L. 



CHAPTER 31 
CRIMES AND OFFENSES AGAINST SCHOOLS 



Section, 
11067. 
11084. 
11085. 

12417. 

12418. 

12419. 

12433. 
12438. 

12441. 

12442. 

12487. 

12674. 

12873. 
12874. 
12875. 
12878. 

12879. 



12901. 
12(>C2. 

12903. 

12904. 

12905. 

12906. 
12906-1. 

12907. 

1290S. 



How school land appropriated. 

Petition in error. 

Corporation may pay judgment and 

enter on property. 
Hazing in public, private, parochial 

Or military schools and colleges. 
Superintendent or other person in 

charge permitting hazing. 
Perpetration of mayhem in act of 

hazing. 
Arson. 
Burglary in school house and other 

buildings. 
Entering school house or other build- 
ing in attempt to commit felony. 
Breaking into school house or other 

building in daytime to steal. 
Malicious injury to and committing 
nuisance in school house and other 
buildings. 
Using school house and other build- 
ings without certificate required by 
law with respect to safe ingress and 
egress; obstruction of aisles. 
Embezzlement of school and other 

public moneys. 
Fine to operate as judgment against 

estate of oflfender. 
Lawful deposit of certain fees and 

trust funds. 
Wrongful appropriation of school 
moneys by clerk or other officer of 
board of education. 
Fine to be judgment against whole 

estate of offender. 
Member of board of education ac- 
cepting compensation other than 
that provided by law. ^ 
Principal or other person in charge 
of public or private school neglect- 
ing to give fire drills. 
Penalty for failure to instruct pupils 

as to dangers of fire. 
Course of fire instruction required to 

which Section 12901 ar'olicable. 
Furnishing of books containing fre 
instnict"'"n c'^'"'"'=^ ^s to which Sec- 
tion 12901 applicable. 
Provision of Sections 12900, 12901 
and 12902 not to apply to colleges 
and universities. 
Board of education r^n^ired to h^v- 
copv of sections 12900 and 12901 
printed in manual for teaLhers. 
Pupil of public school joining fra 

ternity or sorority; penalty. 
Penalty for neglect or refusal ^ to 
carrv out provisions of Section 
7621 G. C. 
Teacher, principal or superintendent 
failing to give notice of fraternity 
in school. 
Board of education to investigate ex- 
ist'-nce of frat°rn'tv or sorority 
and order disbandment of same; 
penalty for failure to do so. 
Suspension of pupil who fails to 
obey notice. 



Section 
12910. 



12911, 
12929. 



12931. 
12932. 



12974. 

12975. 
12976. 

12^7. 

12978. 

12979. 



12981. 

12982. 
12982-1. 

12983. 

12984. 
12985. 



12987. 



12993. 



12993-1. 



12995. 



Officer or agent interested in con- 
tracts. 
Same as to other contracts. 

Penalty for making false return of 

enumeration of children. 
Penalty for offering bribe to secure 

recommendation of text books. 
Penalty for employing relative as 
teacher. 

Penalty for dlvuTgrng scnool ex- 
aminer's questions. 

Parent, guardian or other person vio- 
lating provisions of compulsory 
education law; penalty. 

Proviricns explanatory of effect of 
Section 12974. 

Illegal employment of minor under 
18 years of age without age and 
schooling certificate; policy. 

Officer or agent of corporatirn part- 
icipating in violation of com- 
pulsory education law; penalty. 

Failure to produce affe and schooling 
certificate prima facie evidence of 
illegal employment. 

Unlawfii] refusal to issue age and 
schooling certificate or illegal issue 
of same; penalty. 

Officer, principal or teacher of pub- 
lic, private or parochial school 
neglecting to perform duties im- 
posed by compulsory education law; 
penalty. 

Mayors, j'istices of the o-^ace and 
police judg'^s and juvenile courts 
to have final jurisdiction to try 
offenses described in preceding sec- 
tions. 

Fines collected to be paid into funds 
of school district where offense 
committed. 

Attendants, officer or inspector of in- 
dustrial commission to make com- 
plaint to person or employer vio- 
lating law. 

Parent, guardian, etc., sending child 
of compulsory school age out of 
territory; penalty. 

Perialtv for second or subsequent 
violation of compulsory school law. 

Procedure and trial of such case's. 

Complainant institutTRg proceedings 
not required to give security for 
costs; payment of costs on acquittal. 

Penalty for making false statement 
as to age when seeking employment. 

When false statement by minor as to 
age releases employ°r from opera- 
tion of Section 6245-2 G. C 

Child under sixteen not to work at 
certain employments; exceptions _ as 
to holders of age and schooling 
certificates. 

Unlawful for person or corporati'-n 
to permit child to work during 
school hours, when. 

Refusal of employer to return age 
and schooling certificate made un- 
lawful, when. 



(578) 



CRIMES AND OFFENSES AGAINST SCHOOLS 



579 



Section. 

1-998. Employers of children under 18 y?ars 
of age to keep two complete lists 
of names ,etc., of such children. 

12999, Refusal of employer to permit 

miner employe to attend pait time 
school; penalty. 

13000, Failure to produce age and schooling 

ce;tificate prima facie evidence of 
illegal employment. 

13(X)7-1, Attendants, officers, etc., may require 
proof minor is over eighteen years 
of age, when, unlawful refusal. 



Section. 

13007-7. Duty of attendants, officers, etc., and 
oth°r officers to file affidavit for 
violation of law. 

13007-8. Penalty for making false statement 
as to age of rninor to secure em- 
ployment of said minor. 

13007 9. Penalties for violation of law. 

13:07-10. Penalty for illegal employment of 
minor after notice. 

13007-14. When minor or female under 21 
years of age refuses to divulge age 
may be conducted before juvenile 
court. 
Sexual intercourse with female 
pupils. 



13030. 



Section 11C67, When a railroad company, incorpo- How school 
rated in this state, has located its railroad through a part p^dated^'^^^ 
of reserved section twenty-nine or sixteen, or through ^ 
part of sections granted by congress instead of section six- 
teen for school purposes, and such lands remain unsold, or 
through a town lot or parcels of ground used for or de- 
voted to schoo! purposes, it may appropriate so much of 
such land or lots as is necessary for its purposes. Service 
of the summons made on such trustees or school officers, 
as have possession or control of the lands, shall have the 
same force and effect as service in other cases on owners 
of land sought to be appropriated. The money arising 
from such appropriation must be disposed of by such trus- 
tees or school officers in accordance with law. 

HISTORY,— R, S, § 6J39; 69 v. 88, § 14; S. & C, 31G. 



Section 11084, When a corporation, authorized by Petition in 
law to make appropriation of private property or lands re- ^"°''- 
served for school purposes, has taken possession of and is 
occupying or using the land of any person, or such school 
lands for any purpose, and the land so occupied or used 
has not been appropriated and paid for by the corporation, 
or is not held by an agreement in writing with the owner 
thereof, or the trustees or school officers having possession 
or control of such school lands, such owner or owners, or 
either of them, or such trustees or school officers, may 
serve written notice upon the corporation in the manner 
provided for the service of summons against a corporation, 
to proceed under this chapter to appropriate the lands. 
On the failure of such corporation for ten days so to pro- 
ceed, the owner or owners or such trustees or school officers 
may file a petition in the probate court of the proper county 
setting forth the fact of such use or occupation by the 
corporation, that the corporation has no right, legal or 
equitable, thereto, and in cases of reserved sections sixteen 
and twenty-nine, or any part of sections granted by con- 
gress instead of section sixteen for school purposes, no 
right, legal or equitable derived from the trustees and offi- 
cers named therein, that such notice has been duly served, 
that the time of limitation under the notice has elapsed, and 
such other facts, including a pertinent description of the 
land so used or occupied, as are proper to a full under- 
standing of the case. 

HIST0RY,-R, S. § 6448; 80 v. 114; 69 v. 88, § 21; S, & S, lU- 



58o 



CRIMES AND OFFENSES AGAINST SCHOOLS 



Corpora fton 
mav f»ay 
juclgnitni and 
enter en 
property. 



Hazing. 



Section 11085. Such owner or owners, or such trus- 
tees or school officers, intending to institute such proceed- 
ing, may demand in writing, from the president or chief 
officer of such corporation a specific descri])tion of each 
parcel of land so used or occujj.ed without aj)propriaiion 
by it, of the work, if any, constructed or intended to l>e 
constructed thereon, and the use to which it is to be ap- 
plied. Upon failure of the corporation for ten days to 
furnish this as fully as would be required of it in a pro- 
ceeding to appropriate lands, the fact of such demand and 
fai.ure may be al eged in the petition in such oroceeding. 
On notice to the corporation and proof thereof to the 
probate judge having jurisdiction of such appropriation, 
he shall restrain it from the u.^e and occuj^ation of the land 
until such demand is complied with. Or, such owner or 
owners, or trustees or school officers may cause the neces- 
sary surveys to be made therefor, and the costs thereof 
must be taxed to the corporation in such proceeding. 

HISTORY.-R. S. g 6148; 80 v. 114; 69 v. 88, § 21; S. & §. 114. 

Section 12417. Whoever, being a student or person 
in attendance at a public, private, parochial, or military 
school, college or other educational institution conspires to, 
or engages in hazing or committing an act that injures, 
frightens, degrades, disgraces, or tends to injure, frighten, 
degrade or disgrace a fe.low student or person attending 
such institution, shall be fined not more than two hundred 
dollars or imprisoned in the county jail not more than six 
months or both, and, in case of fine, the sentence shall 
be that the defendant be imprisoned until such fine is paid. 

HISTORY.— R. S. § 6819-1; 90 v. 853; 98 v. 124, $ 1. 



PennittmR act 
of hazing, etc. 



Section 12418. Whoever, being a teacher, superin- 
tendent, commandant or other person in charge of a pub- 
lic, private, parochial or military school, college or other 
educational institution knowing.y permits an act of hazing 
or of attempting to haze, injure, frighten, degrade or dis- 
grace a person attending such institution shall be fined not 
more than one hundred dollars. 

HISTORY.— R. S. § 6819-la; 98 v. 124, | la. 



Mayhem. SECTION 1 24 1 9. Whoever in hazing or attempting to 

haze a person, tattooes or permanently disfigures his body, 
limbs or features, by the use of nitrate of silver or like 
substance, shall be imprisoned in the penitentiary not less 
than three years nor more than thirty years. 

HISTORY.— R. S. S 6819-2; 90 v. 353, § 2. 



Arson, 



Section 12433. Whoever maliciously burns or at- 
tempts to burn a dwe'ling house, kitchen, smoke house, 
shop, office, barn, stable, storehouse, warehouse, railroad 
coach or car, malt house, still house, mill, pottery or other 
building, the property of another person, or a church, meet- 
ing house, court house, workhouse, schoolhouse, jail or the 



CRIMES AND OFFENSES AGAINST SCHOOLS 



581 



Ohio penitentiary, or a shop, storehouse or building, within 
the enclosed walls thereof, or other public building, or a 
ship or other water craft, or a toll bridge or a part thereof, 
erected across a river, wholly or partly within this state, 
or other bridge erected across any of the waters within 
this state, or sets fire to or attempts to set fire to anything 
in or near to such building, coach or car, watercraft or 
bridge, with intent to burn it, if the value of such building, 
coach or car, watercraft or bridge, burned, attempted or 
intended to be burned, is fifty dollars or more, shall be 
imprisoned in the penitentiary not more than twenty years, 
or if the value is less than that sum, be fined not more than 
two hundred dollars or imprisoned not more than thirty 
days, or both. 



HISTORY.— R. S. § 6^81; 86 v. 3; 83 v. 81; 33 v, 
85, §§ 1, i; 66 V. 122, § 1; S. & C. 406; S. & S. 267, 268. 



§§ 12, IS; 



Section 12438. Whoever in the night season mali- Burglary in an 
ciously and forcibly breaks and enters, or attempts to break dwe"fini'%1- 
and enter an uninhabited "dwelling house, or a kitchen, other building, 
smokehouse, shop, office, storehouse, warehouse, malthouse, 
stillhouse, mi'.l, pottery, factory, water craft, schoolhouse, 
church or meeting house, barn or stable, railroad car, car 
factory, station house, hall or other building, or attempts 
to break and enter an inhabited dwelling house with intent 
to steal property of any value, or with intent to commit a 
felony, shall be imprisoned in the penitentiary not less 
than one year nor more than fifteen years. 

HISTORY.— R. S. i 6835; 68 v. 10, } W; 82 v. 161; 95 v. 661; 96 v. 14; 
98 V. S; 100 V. 6. 



Section 12441. Whoever, by day or night maliciously Entering a 
enters a dwelling house, kitchen, shop, storehouse, malt- ^°"j* ^^ 5*^^* 
house, stillhouse, mill, office, treasury, bank, railroad car, attempting to 
pottery, water craft, schoolhouse, church or meeting house, *^°™""^ felony, 
smokehouse, barn or stable and attempts to commit a felony, 
shall be imprisoned in the penitentiary not less than one 
year nor more than two years. 



C. 407. 



HISTORY.-R. S. { 6886; 78 v. 28; 33 v. 83, § 16; S. & C. 426; S. & 



Section 12442. Whoever, in the day time, maliciously Breaking and 
breaks and enters a dwelling house, kitchen, shop, store, dSr'trme^ 
warehouse, malt house, stillhouse, mill, pottery, water craft, penalty, 
schoolhouse, church or meeting house, smokehouse, barn, 
stable, railroad car, car factory, depot, station house, poul- 
try house, wagon house, sugar house, boat house, grain 
house, greenhouse, or other building with intent to steal, 
or to commit a felony shall be imprisoned in the peniten- 
tiary not less than one year and not more than five years. 

HISTORY.-R. S. § 6637; 88 v. 842; 52 v. 28, § 1; S. & C, 485; 109 v. 68. 

Section 12487. Whoever maliciously injures or de- injuring and 
faces a church edifice, schoolhouse, dwelling house or other committing 

u -u- •. r - 11 . • nuisances m 

building, its fixtures, books or appurtenances, or commits buildings. 



)ank. 



582 CRIMES AND OFFENSES AGAINST SCHOOLS 

a nuisance therein, or purposely and maliciously commits 
a trespass upon the inclosed grounds attached thereto or 
fixtures placed thereon, or an inclosure or sidewak about 
such grounds, shall be fined not more than one hundred 
dollars. 

HISTORY.— R. S. § 6877; 63 v. 175, § 1; 70 v. 216, § 73; S. & C. 467b; 
S. & S. 280. 

Usin^ hall, SECTION 12574. Whoever, being the owner of a hall, 

withom Srt'ifi- theater, opera house, church or schoolhouse, or having con- 
cate, or ob- trol thereof individually or as agent of a society or corpo- 
structing ais es. j-^^^^j^^ permits it to be used by public assemblies or schuols 
without having the certificate required by law that it is 
provided with the means of speedy and safe ingress and 
egress, or blocks up the aisles and hallways thereof by 
placing chairs or stools therein, or permits them to be 
occupied by persons standing therein or by any obstruc- 
tion endangering the safety of persons therein, or cuts ofif 
easy escape and egress therefrom, shall be fined not more 
than one thousand dollars. 

HISTORY.— R. S. § 7010; 80 y. 28; 62 v. 139, § 4; S. & S. 636. 

Embezzlement SECTION 12873. Whoevcr, being charged with the col- 

mone"^-^'de- Icctiou, receipt, safekeeping, transfer or disbursement of 
)osit with public money or a bequest, or part thereof, belonging to 
the state, or to a county, township, municipal corporation, 
board of education, cemetery association or company, con- 
verts to his own use, or to the use of any other person, 
body corporate, association or party, or uses by way of 
investment in any kind of security, stock, loan, nroperty, 
land or merchandise, or in any other manner or form, or 
loans with or without interest to a company, corporation, 
association or individual, or, except as provided by law, 
deposits with a company, corporation or individual, public 
money or other funds, property, bonds, securities, assets 
or effects received, controlled or held by him for safe- 
keeping or in trust for a specific purpose, transfer or dis- 
bursement, or in any other way or rhanner, or for any other 
purpose^ shall be guilty of embezzlement of the money Oi 
other property thus converted, used, inve.<^tpd ironed, de- 
posited or paid out, and shall be imprisoned in the peni- 
tentiary not less than one year nor more than twenty-one 
years and fined double the amount of money or other prop- 
erty embezzled. 

HISTORY.— R. S. § 6841; 91 v. 338; 80 v. 43; 55 v. 44, § 15; S. & C. 
1610. 

Where a board of education of a township permits its 
treasurer, by agreement, to use its funds in his business, and renew 
this loan after his term has expired, the treasurer is guilty of 
embezzlement, and the board of advising and aiding in the em- 
bezzlement, and in an action against the sureties on the note given 
for such loan, the ille^^ality of the transaction may be set up: 
Board of Education v. Thompson, 33 O. S. 321. 

The clerk of the board of education is not authorized, nor is it 
made his duty by statute, to become the custodian of tuition funds 
belonging to such board, and where, pursuant to a rule of the said 



CRIMES AND OFFENSES AGAINST SCHOOLS 



583 



board, the clerk received such funds into his custody and failed to 
keep them safely, the sureties on his bond are not liable therefor: 
State, ex rel., v. Griffith, 74 O. S. 80. 

A loan by a board of education to its treasurer is within this 
section : Board of Education v. Thompson, 33 O. S. 321. 

Although in'erest received on deposit of public funds may- 
be recovered from a treasurer of a school district in a civil 
action, it does not follow that it was public money within the 
meaning of this section and that taking it is embezzlement: State 
V. Pierson, 83 O. S. 241. 

Section 12874. The fine, provided for in the next Fine is a 
preceding section, shall operate as a judgment at law on igafil^t whole 
all of the estate of the person sentenced and be enforced ^^tate. 
to collection by execution or other process for the use only 
of the owner of the property or effects so embezzled, and 
such fine shall only be released or entered as satisfied by 
the person in interest as aforesaid. 

HISTORY.— R. S. § 6841; 91 v. 338; 80 v. 43; 55 v. 44, § 15; S. & C. 
1610. 

Section 12875. The provisions of section twelve thou- La^yfu] de- 
sand, eight hundred and seventy-three shall not make it certain^fees 
un awful for the treasurer of a township, municipal cor- and trust 
poration, beard of education, or cemetery association, to 
deposit public money with a person, firm, company, or cor- 
poration organized to do a banking business under the 
laws of this state or the United States, but the deposit of 
such funds in such bank shall not release such treasurer 
from liability for loss which may occur thereby. Nor shall 
the provisions of section tweVe thousand, eight hundred 
and seventy-three, make it unlawful for a county auditor, 
county treasurer, probate judge, sheriff, c'erk of courts, 
or recorder, to deposit fees and trust funds coming into 
their custody as such officers as above, until such time as 
said aforesaid officers are required to make payment, of the 
oiffcial earnings of their offices, so deposited, into their re- 
spective fee funds as required by section twenty-nine hun- 
dred and eighty-three, and until such time as the trust 
funds, so held by them in their official capacities, may be 
paid to the person, persons, firms, or corporations, en- 
titled to same, and any interest earned and paid upon said 
deposits shall be apportioned to, and become a part of said 
fees or trust funds, and shall in no instance accrue to, and 
be received by, the official making said deposits, for his 
own use. 



HISTORY.— S. & C. 1610; R. S. 
I: 106 V. 550. 



6841; 55 v. 44, § 15; 80 v. 43; 91 v. 



^ The treasurer of a school district who, under favor of this 
section, deposits its funds in a bank which allows interest on the 
average balance of the deposit, is required to account to the school 
ditrict for such interest: Eshelby v. Board of Education, 63 
O. S. 71. 



Section 12878. Whoever, being a member of the Embezzlement 
council of a municipal corporation, or an officer, agent, by municipal 
clerk or servant of such corporation, or board or depart- officers,^°°^ 



584 



CRIMES AND OFFENSES AGAINST SCHOOLS 



Fine is judg- 
ment on whole 
estate. 



ment thereof, or an officer, clerk or servant of a board of 
education, knowingly diverts, appropriates or applies funds, 
or a part of a fund raised by taxation or otherwise, to any 
use or purpose other than that for which it was raised or 
appropriated, or knowingly diverts, appropriates or applies 
money borrowed, or a bond of the corporation or part of 
the proceeds of such bond, to any use or purpose other 
than that for which such loan was made, or bond issued, 
shall be imprisoned in the penitentiary not less than one 
year nor more than twenty-one years and fined in double 
the amount of money or property embezzled. 

HISTORY.— R. S. § 6846; 66 V. 263, § 67l; 73 v. 116, § 675. 

Section 12879. The fine provided for in the next 
preceding section, shall be a judgment at law on all of the 
estate of the person sentenced and be enforced to collection 
by execution or other process for the use only of the owner 
of the property or effects so embezzled, and such fine shall 
only be released or entered as satisfied by the person in 
interest as aforesaid. 



HISTORY.-R. S. § 



§ 671; 73 V. 116, § 675. 



Member of 
board of edu- 
cation accept- 
ing com- 
pensation. 



Neglect to in- 
struct pupils 
in Bre drills; 
penalty. 



Course of 
study in fire 
prevention 
provided. 



Section 12883. Whoever, being a member of a board 
of education, accepts or receives for his services as such 
member any compensation except as clerk or treasurer of 
such board or as otherwise provided by law, shall be im- 
prisoned in the penitentiary not less than one year nor 
more than twenty-one years and fined double the amount 
of money or other property so accepted or received. 

HICTORY.— R. S. § 6975; 70 v. 214, § 67. 

Section 12900. Whoever, being a principal or person 
in charge of a public or private school or educational in- 
stitution having an average daily attendance of fifty or 
more pupils, or the person in charge of any children's 
home or orphanage housing twenty or more minor persons, 
wilfully neglects to instruct and . train such children by 
means of drills or rapid dismissals at least once a month 
while such school, institution or children's home is in opera- 
tion, so that such children in a sudden emergency may leave 
the building in the shortest possible time without confusion, 
or, in the case of schools, wilfully neglects to keep the 
doors and exits of such building unlocked during school 
hours, shall be fined not less than five dollars nor more 
than twenty dollars for each offense. The state fire mar- 
shall have authority to order the immediate installation 
of necessary fire gongs or signals in such schools, insti- 
tutions or children's homes and enforce the further pro- 
visions of this section. 

HISTORY.-99 V. 231, §§ 1, 2; 109 v. 253. 

Section 12901. The state fire marshal and the super- 
intendent of public instruction are hereby empowered and 
directed jointly to provide a course of^ study in fire pre- 



CRIMES AND OFFENSES AGAINST SCHOOLS 



585 



vention for use in the public, private or parochial schools 
of the state, dealing with the protection of lives and prop- 
erty against loss or damage as a result of preventable fire. 
It shall be the duty of each board of education or the board 
or persons in control of such schools to compel the use of 
such course of study in each school under their control. 
Whoever, being a teacher or instructor in a public, private Neglect to 
or parochial school, wilfully neglects to devote at least i[ive instnic- 
fifteen minutes in each week during which such school is "• p • 
in session to instructing the pupils thereof as to the dangers 
of fire, shall be guilty of a misdemeanor and fined not less 
than five dollars nor more than twenty dollars. 

HISTORY.— 99 V. 231, §§ 1, 2; 100 v. 263. 



Section 12902. On and after September first, one Duty of 
thousand nine hundred and twenty-one, it shall be the b?o1c^of^& 
duty of each teacher in the public, private or parochial structions. 
schools in the state to use such course of study in fire pre- 
vention in the classes under his control. There shall be 
placed in the hands of each teacher above mentioned, prior 
to September first, one thousand nine hundred and twenty- 
one, by the superintendent of public instruction, through 
the county superintendent of schools, a book for the pui- 
pose of the instruction of pupils provided in the next two 
preceding sections. Such book shall be conveniently ar- 
ranged in a sufficient number of chapters or lessons to 
provide a different one thereof for each week of the 
maximum school year. 



HIST0RY.-e9 V. 231, § 1; 



V. 264. 



Section 12903. Such books shall be published at the Preparation, 
expense of the state under the direction of the superin- and SstSu- 
tendent of public instruction and the cost thereof shall be ^io". oi books 
paid from the special fund arising from the tax on insurance expense, how' 
premiums paid by insurance companies for the support ^^'^' 
of the department of state fire marshal and the furtherance 
of fire prevention. In the year one thousand nine hundred 
and twenty-one, and prior to September first thereof, in 
order to supply the teachers of the state with the necessary 
textbooks, the superintendent of public instruction shall 
have prepared, published and distributed, in the manner 
provided above, not less than fifty thousand copies of such 
book bound in durable covers, and such additional number 
for future needs of the schools, as may be secured by the 
appropriation made herein. For the purpose of providing 
for the cost of the preparation, publishing and distribution 
of the course of study and texts herein provided for, there 
is hereby appropriated out of any moneys in the state 
treasury to the credit of the special fund created by oper- 
ation of section 841 of the General Code, and not otherwise 
appropriated, the sum of fifteen thousand dollars to be 
available on and after the date this act goes into effect. 

HISTORY.— 09 V. 231, | 1; 104 v. 226 (236) ; 109 r. 264. 



586 



CRIMES AND OFFENSES AGAINST SCHOOLS 



Laws not ap- 
plicable to 
colleges and 
universities. 



Section 12904. The provisions of sections 12900, 
12901 and 12902, General Code, shall not apply to col- 
leges and universities. 

HISTORY.— 99 V. 232, § 4; 109 v. 254, 



Boards of edu* 
cation shall 
print laws 
for use of 
teachers. 



Section 12905. Boards of education having control 
of the schools of a rural, village or city school district 
shall cause a copy of seztions 12900 and 12901, General 
Code, to be printed in the manual or handbook prepared 
for the guidance of teachers, where such manual is in use. 

HISTORY.-99 V. 232, § 3; 109 v. 255. 



Pupil joining 

fraternity; 

penalty.' 



Section 129C6. Whoever, being a pupil in the pub- 
lic schools, organizes, joins or belongs to a fraternity, 
sorority or other like society composed of or made up of 
pupils of the pubHc schools, shall be fined not !ess than 
ten dollars nor more than tv.-enty-five dollars for each 
oifense. 



HIST0RY.-9 



253, §§ 1, 3. 



Failure to 
comply with 
law a misde- 
meanor; oen- 
alty. 



Section 12906-1. Whoever, having control of any 
school house or other educational institution either as an 
individual or in connection with any person or persons, neg- 
lects or refuses to carry out the provisions of section 7621 
of the General Code, sha 1 be deem.ed guilty of a mis- 
demeanor, and upon conviction thereof shall for the first 
offense be fined not less than five dollars, nor more than 
twenty-five dollars, and for each subsequent offense shall be 
fined not less than twenty-five dollars, nor more than one 
hundred dollars. Each day of such refusal or neglect 
shall be held to constitute a separate offense. 

HISTORY.— 108 V. Pt. I 133 (1S4). 



Teacher, prin- 
cipal or super- 
intendent 
failinor tp 
give notice 
of fraternity 
in schools. 



Section 12907. Whoever, being a teacher, principal 
or superintendent, having knowledge or reason to believe 
that a fraternity, sorority or like society composed or made 
up of pupils of the public schools, is being organized or 
maintained in the pub ic schools or that a pupil attending 
such school is organizing, or is a member of, such fraternity, 
sorority or like society, fails forthwith to advise the presi- 
dent or secretary of the board of education in charge of 
such schools thereof, shall be fined not less than ten dollars 
nor more than twenty-five dollars for each offense. 

HISTORY.— 99 V. 253, §§ 2, 3. 



Board of edu- 
catiton to in- 
vestigate 
charges of ex- 
istence of 
fraternity; 
notice to mem- 
bers thereof. 



Section 12908. Whoever, being a board of education 
in charge of public schools, upon being advised in accord- 
ance with the provisions of the next preceding section, 
within thirty days thereafter, fails to investigate such- 
charges after not less than ten days' written notice to such 
pupils, their parents or guardians, or, being the secretary of 
such board of education, when such board has found the 
charges mentioned in the next preceding section to be cor- 
rect and true, fails forthwith to notity in writing the 



CRIMES AND OFFENSES AGAINST SCHOOLS 5^7 

pupils organizing, joining or belonging to such fraternity, 
sorority or like society, to disband and discontinue it and 
to withdraw therefrom within five days from the receipt 
of such notice, shall be fined not less than ten dollars nor 
more than twenty-five dollars for each ofifense. 

HISTORY.-99 V. 253, §§ 2, 3. 

Section 12909. Whoever, being a pupil in the public suspension 
schools, organizing, joining or belonging to a fraternity, flusTJ' obey 
sorority or like society composed or made up of pupils of notice. 
the public schools, fails to obey the notice provided for in 
the next preceding section, shall be forthwith suspended 
from the public schools by the superintendent or principal 
in charge thereof, until such pupil shall comply with the 
order of such board of education. 

HISTORY.— 99 V. 253, § 2; 104 v. 225 (236). 

Section 12910. Whoever, holding an office of trust Officer, or 
or profit by election or appointment, or as agent, servant tfSted^'in 
or employe of such officer or of a board of such officers, contracts, 
is interested in a contract for the purchase of property, 
supplies or fire insurance for the use of the county, town- 
ship, city, village, board of education or a public institution 
with which he is connected, shall be imprisoned in the peni- 
tentiary not less than one year nor more than ten years. 

history.— R. S. § 6969; 94 v. 391; 73 v. 86, § 21; 73 v. 31, § 22; 73 
V. 43, § 34. 

Section 12911. Whoever, holding an office of trust Same as to 
or profit, by election or appointment, or as agent, servant tricYs.*^°"* 
or employe of such officer or of a board of such officers, 
is interested in a contract for the purchase of property, 
supplies or fire insurance for the use of , the county, town- 
ship, city, village, board of education or a public insti- 
tution with which he is not connected, and the amount of 
such contract exceeds the sum of fifty dollars, unless such 
contract is let on bids duly advertised as provided by law, 
shall be imprisoned in the penitentiary not less than one 
year nor more than ten years. 

HISTORY.— R. S. § 6969; 94 v. 391; 73 v. 86, § 21; 73 v. 31, § 22; 73 
V. 43, § 31. 

Section 12929. Whoever being an officer or appointee False enumera. 
responsible for securing or reporting the annual enumera- chiidr°en.^^^°°^ 
tion of children makes a false return shaH upon conviction 
be fined not less than twenty nor more than one thousand 
dollars or imprisoned not less than ten days nor more than 
thirty days. 

HISTORY.— R. S. § 4041; 70 v. 195, § 75; 109 v. 396. 

Section 12931. Whoever offers or gives a reward or ofFerinR bribe 
consideration, or makes a present or reduction in price to a mendi^ng"text- 
person employed in a public school, or to an officer having books, 
authority or control over it, for favoring, recommending 
or advocating the introduction, adoption or use in such 



588 



CRIMES AND OFFENSES AGAINST SCHOOLS 



EmployitiK 
relative as 
teacher. 



school, of a textbook, map, chart, globe or other school 
supply, or to induce him so to do, or, being an employe or 
officer of such school accepts, offers or agrees to receive or 
accept a reward, consideration, present, gift or reduction in 
price for so doing, shall be fined not less than twenty-five 
dollars nor more than five hundred dollars or imprisoned 
not more than six months, or both. 

HISTORY.— R. S. i 6975a; 86 v. 207. 

Section 12932. Whoever, being a local director or 
member of a board of education, votes for or participates in 
the making of a contract with a person as a teacher or 
instructor in a public school to whom he or she is related 
as father or brother, mother or sister, or acts in a matter in 
which he or she is pecuniarily interested, shall be fined not 
less than twenty-five dollars nor more than five hundred 
dollars or imprisoned not more than six months, or both. 

HISTORY.— R. S. § 6975a; 86 v. 207. 

A member of a board of education cannot be employed by 
such local board as a teacher and any such contract made by the 
board would be null and void. 

Membership in a board of education is not lost to such member 
by his participation in the employment of himself as a teacher 
and such contract for teaching services is null and void, for a 
member of a board of education cannot participate in any contract 
in which he is pecuniarily interested or be employed in any manner 
for compensation by a board of education; cannot participate in 
any contract in which he is pecuniarily interested or be employed 
in any manner for compensation by the board of which he is a 
member, except as clerk or treasurer. 

A president of a board of education who is under contract 
with such board as a teacher, can cast a vote for district superin- 
tendent, but his contract as a teacher is null and void. Op. Atty. 
Gen. (1919), p. 761. 

The act of a- husband member of a boar'd of education in 
voting to employ his wife as a teacher may not be a violation of 
section 12932 G. C. under every state of facts. 

Whether such husband board member votes to employ his 
wife as a teacher or sits mute while such contract is entered into 
is in violation of section 4757 G. C. and said contract is null and 
void. 

The wife, having rendered services and received payment for 
the same under such a contract, in the absence of fraud, equity may 
leave the parties thereto where they are found. Op. Atty. Gen. 
(1920), p. 1122. 

Where a wife of a member of a board of education app«irs 
as a party to a contract with such board of education, such con- 
tract is in violation of section 4757 G. C. and is null and void. 
Op. Atty. Gen. (1920), p. 1143. 

The word "brother" as used in section 12932, G. C, does not 
include the relation of brother-in-law. Op. Atty. Gen. (1915), 
p. 1680. 



school exam* 
iners' queft- 
tionf. 



Section 12939. Whoever, being a person connected 
with the preparation, printing, distribution or handling of 
questions for county teachers' examinations, makes public 
in any manner or gives information in regard to the nature 
or character of such questions, to an applicant for a cer- 
tificate, or other person, prior to such examination in 
each branch of study respectively, or whoever is found in 



CRIMES AND OFFENSES AGAINST SCHOOLS 5^9 

possession of any of such questions prior to the distribution 
thereof for the use of applicants at such examination, 
shall be fined not less than fifty dollars nor more than 
one hundred dollars, and imprisoned not less than thirty 
days nor more than ninety days. 

HISTORY.-R. S. I 40Tla; 90 v. 800; 87 v. 371; 98 r. 228. 

Section 12974. Whoever bein^ a parent, g^uardian or Failure to 
other person having care of a child of compulsory school |choofi*"pen-° 
age violates any of the provisions of sections 7762, 7762-5, a'^y- 
77^2i^ 7765-1. y'lJZ or 777Z-^^ General Code, shal upon con- 
viction be fined not less than five dollars and not more than 
twenty dollars, or the court may in its discretion require 
the person so convicted to give bond in the sum of one 
hundred dollars with sureties to the approval of the court, 
conditioned that he will cause the child under his charge* 
to attend upon instruction as provided by law, and remain 
as a pupil in the school or c'ass durino^ the term prescribed 
by law ; and upon the failure or refusal of any such parent, 
guardian or other person to pay said fine and costs or fur- 
nish said bond according to the order of the court, then 
said parents, guardian or other person shall be imprisoned 
in the county jail not less than ten days nor more than 
thirty days. 

ITTSTORY.-R. S. § 4022-1: W v. 833. } 1; 87 ▼. 143; 87 v. 316; 89 v. 
889: 90 V. •:«: 9:> v. fil5. S 4<r2M; ing v. 39fi. 

This seciion now contains «ome of the subject matter formerly in sec- 
tions 12977. 12978 and 12980 of the General Code. 

The intent of this section is to secure the trial of parents, 
charged vviih having failed to cause their children to attend school, 
within the district where the offense occurs and the court may 
insert proper punctuation to give that effect to the section: 
Grahn v. State. !» O. D. (N. P.) 81G. 

A parent who sends his child to a public school and is 
willing to continue to do so, but the child is excluded for failure 
to comply with a rule of the board of education requiring vaccina- 
tion, is not lialile to conviction under the compulsory education act: 
State V Turney. 12 O. C. C (N. S.) 3:1 21 O. C D. 222. 

(The child may however be placed under other guardianship 
if it« education is not provided for by the parent.) 

Section 12975. Nothing in the preceding section shall violation of 
be construed as relieving from prosecution and conviction ^^^^^ statutes, 
any such parent, guardian or other person upon further 
violation of the statutes named therein ; nor shall forfeiture 
of the bond named therein, if required, be construed as 
relieving such person from prosecution and conviction upon 
further violation of the statutes named therein. 

HISTORY -R. S. ! 4022-2; 86 v. 834, 8 2; 96 t. 285; 95 v. 616, § 4022-2; 
97 V. 865; !()1 v. Slo; 109 v. 396. 

Section new. Subject matter formerly in this section, now found in 
section 12976. 

Section 12976. Whoever employs a minor under Employing 
eighteen years of age before exacting from such minor the SiToo? seSslSf ; 
age and schooling certificate, or age and pre-employment requirements. ' 
card required by law, or fails to keep such certificate or 
card on file, or fails to return to the superintendent of 



590 



CRIMES AND OFFENSES AGAINST SCHOOLS 



Violations by 
officer or 
agent of cor- 
poration. 



schools or his authorized representative such certificate or 
card or give notice of the non-use thereof within two 
days from such minor's withdrawal or dismissal from his 
service, or continues to employ a minor under eighteen 
years of age after his age and schoo'ing certificate or 
card is void, or refuses to permit an attendance officer or 
other person mentioned in section 7765, General Code, to 
examine such certificate or card, or refuses to permit such 
attendance officer or person to observe the conditions under 
which minors under eighteen years of age are employed, 
or refuses to permit under reasonab'e regulations such 
attendance officer or persons to make inquiry of minors or 
persons supposed by such officer or persons to be under 
eighteen years of age in regard to matters pertaining to 
their age, employment or schooling, shall upon conviction 
be fined not less than twenty dollars, nor more than fifty 
dollars. 

HISTORY.-R. S. § 4022-3; 86 v. 334, §§ 3, 4; 87 v. 143; 90 v. 286, § 3; 
95 V. 617, § 4022-3; 109 v. 397. 

This section now contains some of the subject matter formerly found 
in section 12975, 

Section 12977. Whoever, being an officer or agent 
of a corporation, participates or acquiesces in any violation 
of law relating to compulsory education or employment of 
minors shall upon conviction be fined not less than twenty 
dollars, nor more than fifty dollars. 

history.— R. S. §§ 4022-7, 4()22-8- 86 v. 336, §§ 8, 9; 90 v. 287, § 7; 
95 V. 618, § 4(22-7; 86 v. 337, § 8; 87 v. 144; 87 v. 325; 90 v. 2S8; 95 v. 619, § 
4022-8; 101 v. 310; 109 v. 397. 

Subject matter formerly in this section now found in section 12974. 
This section now contains the subject matter formerly in section 12982. 



Failure to pro- 
duce certifi- 
cate prima 
facie evidence 
of illepal em- 
ployment. 



Section 12978. Failure to produce for lawful inspec- 
tion the age and schooling certificate or card as provided 
by law or the record as provided in section 12998, General 
Code, shall be prima facie evidence of the illegal employ- 
ment or service of the child whose certificate or card is not 
so produced or whose record is not so correctly kept. 

HISTORY.— R. S. § 4022-7; 86 v. 336, §§ 8, 9; 90 v. 287, § 7; 95 v. 618, 
§ 4022-7; 1(9 v. 397. 

Subject matter formerly in this section now found in section 12974. 
This section now contains practically the same subject matter as found in 
section 130U0. 



Nejjlect or 
failure to 
issue certifi- 
cate; penalty. 



Section 12979. Any person charged by law with 
issuance of age and schooling certificates who fails or re- 
fuses upon request to issue such certificate or age and pre- 
employment card or overage certificate in conformity to 
law, or who issues such certificate or age and pre-employ- 
ment card or overage certificate contrary to any of the pro- 
visions of the laws relating to the issuance of such certifi- 
cates or cards, shall upon conviction be fined not less than 
twenty nor more than fifty dollars. 

ITTSTORY.-R. S. § 4022-7; 86 v. 336, §§ 8, 9; 90 v. 287, § 7; 95 v. 618, 
§ 4022-7: 1(19 v. 397. 

The subject matter in this section was formerly i^ section 7766-1. 



CRIMES AND OFFENSES AGAINST SCHOOLS 



591 



Section 12980. Whoever, beinj^ an officer of a board Schooi officer 
of education or a superintendent, principal or teacher ot a Jefi'shi'g^to°'^ 
pubhc, private or parochial school or a juvenile examiner perfmm duty; 
refuses or neglects to perform a duty imposed upon him ^^^ ^' 
by the laws relating to compulsory education and the issu- 
ance of age and schooling certificates or decline-^ to give 
the information necessary for the execution of these laws 
sha 1 upon conviction be fined not less than twenty nor more 
than fifty dollars. Continued refusals to perform the duties 
or give the information shall constitute additional violations 
of the statutes relating to compulsory education and the 
issuance of age and schooling certificates. 

HISTORY.— R. S. § 4022-7; 86 v. 336, §§ 8, 9; 90 v. 287, § 7; 95 v. 618, 
§ 4022- ; 1 9 V. 397. 

The subject matter formerly in this section now found in section 12974. 
This section now contains the subject matter formerly in section 12981. 

Section 12981. Mayors, justices of the peace, police courts having 
judges and judges of juvenile courts shall have final juris- jurisdiction, 
diction to try the offenses described in the seven next 
preceding sections. When comp aint is made against a 
corporation for violating any provision of such sections, 
summons shall be served, appearance made, or plea entered 
as provided by law in cases when an indictment is pre- 
sented against a corporation^ except in complaints before 
magistrates, when service may be made by the constable. 
In other cases process shall be served and proceedings had 
as in cases of misdemeanor. 

HISTORY.— R. S. § 40:2-n; 86 v. 338, §§ 11, 12, 13; 87 v. 145; 87 v. 326; 
90 V. 290, § U; 95 v. 621. § 4022-11; 109 v. 398. 

_The subject matter formerly in this section now found in section 12980. 
This section now contains the subject matted formerly in section 12984. 

See Opinions of Attorney General (1914), p. 1536, cited under 
Sec. 7777. 

Section 12982. Fines collected under the provisions Disposition 
of the eight sections next preceding shall be paid into the ^^ fi""- 
funds of the city, exempted village, vi lage or rural school 
district in which the offense was committed. 

HISTORY.— R. S. § 40-^?-r: 86 v. ?.3^. §§ 11, 12, 13; 87 v. 145; 87 v. 326; ■ 
90 V. 290, § 11; 95 v. 621, § 4022-11; 109 v. 398. 

The subject matter formerly in this section now found in section 12977. 
This section now contains the subject matter formerly in section 12985. 

Section 12982-1. The attendance officer or any m- who shall file 
spector of the industrial commission of Ohio shall when a complaint, 
violation of section 12976, 12977, 12978, 12979 or 12980, 
General Code, comes to his attention make complaint against 
the person or employer violating it in any court having 
jurisdiction. 

HISTORY.— 109 V. 398. 



Section 12983. Any parent, guardian or other person Permitting 

in charo^e of a child of compulsory school age as defined child to leave 

.^ -^ ly^iir 1' 1 jurisdiction of 

m section 7763, General Code, who after a complaint made court; penalty, 
against such parent, guardian or other person in charge 
of the child or against the child himself, under a law re- 



592 



CRIMES AND OFFENSES AGAINST SCHOOLS 



lating to compulsory education, before a court of competent 
jurisdiction, and before such complaint is heard causes or 
permits such child to leave the territory under the juris- 
diction of the court, shall upon conviction be fined not 
less that! fifty nor more than two hundred dollars or be im- 
prisoned in jail for not less than ten nor more than sixty 
days or both. 

HISTORY.— R. S. $ 40-22 n; £6 v. 338, §§ 11, 12, 13; 87 v. 145; 87 v. 826; 
90 V. 29(). S 11: »o V. 621, $ 4022-11: V)9 v. 39cS. 

The subject matter in this section is entirely new. 

Penalty for SECTION 1 2984. Whoever having been convicted of a 

violation."* violation of any provision of law relating to compulsory 
education or the employment of minors again violates such 
provision shall upon conviction, unless a penalty for a 
second or subsequent vio^ation of the given provision is 
elsewhere specifically provided by law, be punished for the 
second offense by a fine of not less than twenty nor more 
than two hundred do lars or by imprisonment for not more 
than thirty days or by both such fine and imprisonment; 
for a third or other subsequent oflfense by a fine of not 
less than thirty nor more than five hundred dollars or by 
imprisonment for not more than sixty days or by both such 
fine and imprisonment. 

HISTORY.— R. S. § 4022 11: S6 v. 3SS. §§ 11, 12, 13; 87 v. 146; 87 v. 326; 
90 V. 290. § 11; 95 v. 621, § 4022-11; 109 v. 398. 

The suf)ject matter formerly in tliis section now found in section 12981. 
This section now contains subject matter formerly in section 12986. 

Where a greater punishment may be inflicted for a second 
offense, the fact that the offense is a second one must be averred 
in order to justify the increased punishment: Larney v. Cleveland, 
34 O. S. 599. 



Trial by jury SECTION 12985. On complaint before a mayor, justice 

in such cases. q£ ^^i^ peace Or police judge of such a second or further 
violation of a law relating to^compulsory education or the 
employment of minors, if a trial by jury is not waived, 
a jury shall be chosen and proceedings had therein as pro- 
vided by law in cases of violation of the laws for the pre- 
vention of cruelty to animals and children. 

HISTORY.— R. S. § 4022-11; 86 v. 338, §§ 11, 12, 13; 87 v. 146; 87 v. 826; 
90 V. 290. I 11; 95 ▼. 621, § 4022-11; 109 v. 398. 

The subject matter formerly in this section now found in section 
This section now contains the subject matter formerly in section 12987. 



Costs hi Section 12986. No person or ofiFicer instituting pro- 

cuSoili. ^^^^'^ ceedings under any of the thirteen sections next preceding 
shall be required to file or give security for the costs. 
If a defendant is acquitted or if convicted and committed 
to jail in default of payment of fine and costs, the justice, 
mayor, police judge or judge of the juvenile court before 
whom such case was brought shall certify such costs to 
the county auditor, who shall examine the amount and if 
necessary correct it, and issue his warrant on the county 



CRIMES AND OFFENSES AGAINST SCHOOLS 593 

treasurer in favor of the respective persons to whom such 
costs are due for the amount due to each. 

HISTORY.— R. S. § 4022-12; 90 v. 290, 9 12; 95 v. 622, | 4022-12; 10» v. 
809. 

The subject matter formerly in this section now found in section 12984. 
This section now contains the subject matter formerly in section 12988. 

Section 12987. Any person who when engaging to False state- 
be employed or seeking employment states falsely his age rge"^when** 
for the purpose of evading any law relating to the employ- seeking em. 
ment of minors or females under the age of twenty-one penalty, 
years shall upon conviction be punished by a fine of not 
less than twenty nor more than fifty dollars or by imprison- 
ment for not more than thirty days; provided, however, 
that if the minor is under eighteen years of age a charge 
shall be brought against him in the juvenile court as a 
delinquent child. 

HISTORY.— R. S. § 4022-12; 90 v. 290, | 12; 95 v. 622. S 4022-12; 109 v. 
899. 

The subject matter formerly in this section now found in section 12985. 
The subject matter in this section is entirely new. 

Section 12988. If a person between eighteen and False. oath as 
twenty-one years of age falsely makes oath that he is yeaJ-s'©? age; 
twenty-one years of age or above when engaging to be penalty, 
emp.oyed or seeking employment the employer shall be 
exempt from the operation of section 6245-2, General Code, 
in respect to that person. 

HISTORY.— R. S. § 4022-14; 90 v. 291, §14; 95 v. 622, § 4022-14; 109 v. 399. 
The subject matter formerly in this section now found in section 12986. 
The subject matter in this section is entirely new. 

Section 12993. No child under sixteen years of age Reguiatinj? 
shall be employed, permitted or suffered to work in or m|n,*o[*'**^ 
about any (i) mill, (2) factory, (3) workshop, (4) oil minors in fac- 
well or pumping station, (5) cannery or bottling or pre- *°"^ **<=• 
serving establishment, (6) mercantile or mechanical es- 
tablishment, (7) tenement house, (8) garment making or 
dress making or millinery establishment or working room, 
(9) store, (10) office, (11) office building, (12) labora- 
tory, (13) restaurant, (14) hotel, boarding house, or apart- 
ment house, (15) bakery, (16) barbershop, (17) bootblack 
stand or establishment, (18) public stable, (19) garage, 
(20) laundry, (21) place of amusement, (22) club, (23) or 
as a driver or chauffeur, (24) or in any coal yard or 
brick, lumber, or building material yard, (25) or in the 
construction or repair of buildings, (26) or in the trans- 
portation of merchandise ; nor any boy under sixteerj^ or 
female under twenty-one years of age in the personal de- 
livery of messages, but except as to the personal delivery 
of messages by females under twenty-one years of age 
this section sha'l not apply to holders of age and schoohng 
certificates under sections 7766-6, 7766-9 or 7770-3, General 
Code. 

HISTORY.- 99 ▼. 30, § 1; 99 v. 82, S 3; 108 v. 664 (907); 109 v. 899. For 
an analogous section, see R. S. i 6986-7. 

88 8. u 



lawful, when. 



594 CRIMES AND OFFENSES AGAINST SCHOOLS 

Sections 1008 G. C. and 12993 are not in conflict regarding 
tlie employment of females in the transmission of messages. 

Section 1008 prohibits females over eighteen years of age to 
be employed more than a certain number of hours in any one day 
or week in the establishments or vocations therein named when 
under the law they are permitted to be engaged in such employment. 

Section 12993 absolutely forbids a female under twenty-one 
years of age to be employed in the transmission of messages. Op. 
Atty. Gen. (1917), p. 1923. 

Employment SECTION 12993-1. It shall be Unlawful for any person, 

fnVsciiloJ"''" ^^^ ^^ corporation to employ, permit, or suffer to work any 
hours, un^^^ chi!d who is required by law to be in attendance at school 
in any business or occupation whatever during the hours 
when the public schools of the district in which the child 
resides, including the school or class to which the child 
is assigned, are in session. 

HISTORY.-109 V. 399. 

In part the subject matter in this section was formerly in section 12976. 

Damage on SECTION 1 2995. Upon failure on the part of an em- 

faiiare ^o^^' ploycr to return an age and schooling certificate or give 
on termination uoticc of tKc non-usc thereof within two days after the 
men^t!"^^°^* termination of the emp'oyment of a child, the child term- 
inating his employment shall be entitled to recover from 
such employer in a civil action as dam.ages an amount 
equal to the wages which he would have earned had he 
continued in said employment for the period between su:h 
termination thereof and the time when such certificate is 
so returned or said notice given. If such a child at any 
time fails to appear for work without explanation, the 
employment shall be deemed within the purposes of this 
section to have terminated upon the expiration of two days 
after his so failing to appear. 

' HISTORY.— 99 V. 30. § 1; 103 v. 864 C907) ; 109 v. 400. For an analogous 
section, see § 6986-7; 97 v. 321; 95 v. 598; 93 v. 123, § 1. 

Two lists of Section 12998. No child under eighteen years of 

To" e!? sh*Si"i be ^?^ ^^^^^^ ^^ employed, permitted or suffered to work 
kept and one in, about or in connection with any establishment or 
posied?"°"^^^ occupation named in section 12993, General Code, or any 
place of employment, exchange or headquarters, unless the 
person, firm or corporation employing such child keeps two 
complete lists of the names, together with the ages, of all 
children under eighteen years of age, employed in or for 
such establishment or in such occupation, one on file, and 
one conspicuously posted near the principal entrance of the 
place or establishment in which such children are employed. 
Every employer shall post and keep posted in a con- 
spicuous place in every room of any establishment or busi- 
ness named in section 12993, General Code, or this section, 
where any boy under the age of eighteen or any female 
under the age of twenty-one is employed, permitted or 
suffered to work a printed notice stating the maximum of 
hours such person may be required or permitted to work on 
each day of the week, the hours of .commencing and stopping 



CRIMES AND OFFENSES AGAINST SCHOOLS 595 

work, and the hours allowed for dinner and for other meals. 
The printed form of such notices shall be furnished by the 
industrial commission of Ohio and the employment of any 
minor for a longer time in any day than so stated or at any 
time other than as stated in said printed notice shall be 
deemed a violation of the provisions of the laws relating to 
the employment of minors. 

In case the duties of the person are such as to cause Printed notice 
him to move from room to room it shall be deemed com- Jours^'s^iru 
pliance with the requirements of the above paragraph for be posted. 
the notice to be kept posted in the office or room to which 
such person reports or which serves as his headquarters. 

HISTORY.— 99 v. 30, § 1; 99 v. 32 § 3; 103 v. 864 (908); 109 v. 400. The 
act of which this section is a part includes G. C. §§ 13,'9, et seq., 1639, et seq., 
1815, et seq., 2084. et seq., 3:70, et seq., 4083, et seq., 7676, et seq., 77^3, et seq., 
100S2, et seq., 12957, et seq., 12993, et seq. The part of this act which regulates 
the employment of minors includes G. L. 12957 to 13007-14 inclusive, and G. C. 
§ 13018. For an analogous section, see R. S. § 6986-8. 

Section 12999. Any employer who refuses to permit Hindering or 
a minor in his employ to attend a part-time school or class tendaSe"ft^^ 
as defined by law, when such minor is required by law so to part-time 
attend, or arrange the hours of the minor's work so as to unlawful! 
make possible such attendance, or dismisses a minor from 
his employ because of the minor's compliance with the law 
in respect to such attendance, or otherwise obstructs a 
minor's attendance at part-time school or class shall upon 
conviction for a first offense be punished by a fine of not 
less than ten nor more than fifty dollars; and upon con- 
viction for subsequent ofifense by the penalties provided in 
section 12984, General Code. 

HISTORY.— 99 V. 30, § 1; 103 v. 864 (909); 109 v. 400. For an analogous 
section, see R. S. § 6986-8. 

Section 13000. Failure to produce for lawful inspec- Certificate as 
tion the age and schooling certificate provided by law, or the evidenc?.'^^^ 
record as provided in section twelve thousand nine hundred 
and ninety-eight, shall be prima facie evidence of the illegal 
employment or service of the child whose certificate is not 
so produced or whose record is not so correctly kept. 

HISTORY.— 99 V. 30. § 1. For an analogous section, see R. S. § 
6986-7. This section is practically identical with section 12978 as amended in 
1921. 

Section i 3007-1. An inspector of factories, attend- demand when 
ance officer, or other officer charged with the enforcement age and 
of the laws relating to the employment of minors or school certificate not 
attendance may make demand on any employer in or about feqmred.'*^^"^^ 
whose place or establishment or material or equipment a 
person apparently under the age of eighteen years 
is employed or permitted or suffered to work, and 
whose employment certificate is not filed as re- 
quired by this act, that such employer shall furnish 
him satisfactory evidence that such person is in 
fact over eighteen years of age. The inspector of fac- 



596 



CRIMES AND OFFENSES AGAINST SCHOOLS 



torics, attendance officer, or other officer charged with the 
enforcement of such laws, shall require from such employer 
unless an overage certificate is held by the employee the 
same evidence of age of such child as is required upon the 
issuance of an age and schooling certificate. Failure of such 
ernployer to produce such evidence shall be deemed a viola- 
tion of the laws relating to the employment of minors. 

HISTORY.— 103 V. 864 (910); 109 v. 402. The act of which this section 
is a part iocludes G. C. §§ 1349, et seq., 1639, et seq., 1815-8, et seq.. 2084, et 
seq., S()70, et seq., 4083, et seq., 7676. et seq., 7763, et seq.. 10082, et seq., 12957, 
et seq., 12993, et seq. The part of this act which regulates the employment of 
minors includes G. C. §S 12957 to 13007-14 inclusive, and G. C. § 13018. 



Who shall 
make com* 
plaint. 



False state- 
Bient at to 
age; penalty. 



Section 13007-7. It shall be the duty of inspectors of 
factories, attendance officers and other officers charged with 
the enforcement of laws relating to the employment of 
minors to make complaint by filing the proper affidavit 
before a court having competent jurisdiction against any 
person, firm or corporation violating any of the provisions 
of law relating to the employment of minors and to pros- 
ecute the same. 

This shall not be construed as a limitation upon the 
right of other persons to make and prosecute such com- 
plaints. 

HISTORY.— 103 V. ^4 (912); 109 v. 401, The act of which this section 
is a part includes G. C. §§ 1349, et seq., 1639, et seq.. 1815-8, et seq., 2084, et 
seq., 31)70, et seq., 4083, et seq., 7676, et seq., 7763, et seq., Iu0g2, et seq., 12957, 
et seq., 12993, et seq. The part of this act which regulates the employment of 
minors includes G. C. |§ 12957 to 13007-14 inclusive, and G. C. § 13018. 

Section 13007-8. Any person who with the intent to 
assist a minor or female under the age of twenty-one years 
to procure employment makes a false statement regarding 
the age of such person to an employer or to a person 
authorized to issue age and schooling certificates shall upon 
conviction be punished by a fine of not less than twenty 
nor more than fifty dollars or by imprisonment for not more 
than thirty days. 

history.— 108 V. 864 (912); 109 v. 401. 



first Wolatioa. 



Section 13007-9. Any person, firm or corporation, 
agent or manager of any firm or corporation, who, whether 
for himself or for such firm or corporation, or by himself, 
or through an agent, servant or foreman, employs and who- 
ever having under his control as parent, guardian, custodian 
or otherwise any minor permits or sufifers a minor or female 
under the age of twenty-one years to be employed or to 
work in violation of any of the provisions of the laws re- 
lating to the employment of such minors or females under 
the age of twenty-one years for which the penalty is not. 
otherwise provided by law shall for a first offense be pun- 
ished upon conviction by a fine of not less than ten nor more 
than fifty dollars. 

HISTORY.— 108 T. 884 (912); 109 v. 401. For an analogous section, see 
P. & A. Code 8 13004, wtuch was 99 v. 31, $2, §§ 2, 3; see, also, R. S. § 8886-1, 



CRIMES AND OFFENSES AGAINST SCHOOLS 597 

Section 13007-10. Whoever continues to employ any continuing 
minor or any female under twenty-one years of age in viola- JfJP[°^n';;j;"e 
tion of any of the provisions of the laws relating re- of violation; 
spectively to the employment of minors or females under p*"**^* 
the age of twenty-one after being notified thereof in writing 
by a factory inspector, attendance officer or other officer 
charged with the enforcement of such laws shall for every 
day thereafter that such employment continues be fined 
upon conviction not less than five nor more than twenty 
dollars. 

HISTORY.— 103 V. 864 (912); 109 v. 402. For an analogous section, 
see P. & A. Code § 13004. which was 99 v. 31, 32. §S 2. 3; see, also, R. S. S 
6986-1. The act of which this section is a part includes G. C. §§ 1349, et seq., 
1639. et seq., 1815-8, et seq., 2084, et seq., 307O, et seq., 4083, et seq.. 7676, et 
Becj., 7763, et seq., 10082, et seq.. 12957. et seq., 12993, et seq. The part of 
this act which regulates the employment of minors includes G. C. §§ 12S57 
to 13007-14 inclusive, and G. C S 13018. 

Section 13007-14. Any minor or female under Person under 
twenty-one years of age working in or in connection with |g/^re7us?ng 
any of the establishments or places or in occupations with ^^\Y^' 
respect to which there are restrictions of law governing the juvenile court, 
employment of persons of his probable age who refuses to 
give to an authorized employee of the industrial commission 
of Ohio or other authorized inspector or attendance officer 
his name, age and place of residence shall be forthwith 
conducted by such authorized employee, inspector or at- 
tendance officer before the juvenile court or other court 
having jurisdiction in the premises for examination and to 
be dealt with according to law. 

HISTORY.—IOS V. 864 (918) ; 109 v. 402. 

Section 13030. Whoever, being a male person over sexuai iiiter. 
twenty-one years of age and superintendent, tutor or teacher fJ^Se pupil, 
in a private, parochial or public school, or a seminary or 
other public institution, or instructor of a female in music, 
dancing, roller skating, athletic exercise, or other branch of 
learning* has sexual intercourse with a female, with her 
consent, while under his instruction during the term of his 
engagement as such superintendent, tutor or instructor, 
shall be imprisoned in the penitentiary not less than two 
years nor more than ten years. 

HISTORY.— R. S. § 7024; 88 V. 02; 75 v. 142, S S. 

For proof of carnal knowledge, see G. C. § 13672. 

(jeneral Code § 18671 provides that in prosecutions under this section 
a conviction shall not be had on the testimony of the female unsupported by 
other evidence to the extent required as to the principal witnesses in case of 
perjury. 

A male teacher, who has sexual intercourse with a female 
under his instruction, with her consent, at her father's house, after 
school hours of one day, and before school hours of the succeeding 
day, during the term of his engagement as her instructor, is liable 
to punishment under this section : Brown v. State, 38 O. S. 374. 

Where a music teacher, who is employed to give a certain 
number of lessons but not for a definite time, has intercourse 
with a female pupil during the time of such employment, it is 
within the meaning of this section : Esley v. State, 10 0, C C 
(N. S.) 169, 19 O. C D. 568. 



598 CRIMES AND OFFENSES AGAINST SCHOOLS 

In an indictment under this section it is necessary to aver that 
the teacher and pupil were not husband and wife: Esley v. State, 
10 O. C C. (N. S.) 169, 19 O. C D. 568. 

The positive testimony of a witness of an act of sexual 
intercourse between a teacher and a female pupil, that such act 
occurred at a certain place on Wednesday, is sufficient to sustain a 
verdict of guilty, even though the complaining witness testified that 
no such act occurred at that place except on Sunday. Such testi- 
mony will not be excluded as not corroborative of the complaining 
witness: Esley v. State, 10 O. C. C. (N. S.) 169, 19 O. C. D. 568. 

In a prosecution under Section 13030, General Code, it is 
error to admit as evidence in behalf of the state an affidavit 
charging the accused with being the father of the bastard child 
of the pupil. Wertenberger v. State of Ohio. 99 O. S. 353. 



CHAPTER 32 
JUVENILE COURT 



Section. 

1639. What courts to 

y'urisdiction. 
uvenile Court" 



have powers 
defined. 



and 



1640. 

1641. 

1642. 

16 3. 

1644. 

1615. 

1646. 

1647. 

1648. 

1648-1. 

1619. 

1650. 

1651. 

1652. 

1652-1. 

1653. 

1653 -1: 
1654. 

1655. 
le55-l. 

1656. 

1657. 
1658. 

1659. 
1660. 
1661. 
1662. 



1664. 



Seal. 

Appearance docket and journal. 

Jurisdiction. 

When jurisdiction terminates, 

"Delinquent child" defined. 

"Dependent child" defined. 

"Proper parental care" defined. 

W'lin may file complaint. 

Citation, warrant, contempt. 

Provision to avoid incarceration. 

Special room for juvenile court. 

Hearing. 

Jury trial; costs. 

Commitment. 

Examination by competerLt physician. 

Com'T>itment to institution or suitable 

person. 
Agf limits. 
Aiding or abetting delinquency; 

penalty. 
Failure or neglect to support, penalty. 
Expense for return of accused who 

has fled to another state. 
Workhouse sentence, provisions in 

case of. 
Commitment in county jail, etc. 
Citations or arrest ordered after 

hearing. 
Transfer of case to juvenile judge. 
Writs, to whom issued. 
Expense, how paid. 
Probation officers, appointment, com- 
pensation; how paid. 
Duties and powers of probation 

oflficers. 
Prosecuting attorney, duty of. 



Section 
1665. 



Bail. 
1665. Suspension of fentenoe. 

1667. Forfeit of bond. 

1668. Error proceedings. 

1669. Findings, not lawful evidence. 

1670. Detention home, how established and 

conducted. 

1671. Expenses of detention home. 

1672. When child is in temporary or per- 

manent care and custody. 

1673. May agree with incorporated institu- 

tion for care of child. 

1674. Agent of certain institutions, duties 

of. 

1675. Judge may require report from in- 

stitution. 

1677. Associations of other states. 

1678. Penalty. 

1679. Religious belief. 

1680. How chapter construed as to in- 

dustrial schools. 

1681. When child is charged with felony. 

1682. Fees and costs, how paid. 

1683. Chapter to be liberally construed. 
16S3-1. Jurisdiction. 

[MOTHER'S PENSIONS.] 

1683-2. Mother's pensions, who entitled to. 

1683-3. Conditions of allowance. 

1683-4. When allowance shall cease. 

16S3-5. Disposal of fund when amount in- 
sufficient. 

1683-6. To whom act does not apply. 

1683-7. Attempt to obtain allowance by fraud; 
penalty. 

1P83-8. Record of proceedings. 

1683-9. Provisions for mother's pensions; tax 
levy. 



Section 1639. Courts of common pleas, probate 
court, and insolvency courts and superior courts, where es- 
tablished shall have and exercise, concurrently, the powers 
and jurisdiction conferred in this chapter. The judges of 
such courts in each county, at such times as they determine, 
siiall designate one of their number to transact the business 
arising under such jurisdiction. When the term of the 
judge so designated expires, or his office terminates, another 
designation shall be made in like manner.^ In case of the 
temporary absence or disability of the judge so designated 
another designation shall be made in like manner to cover 
the period of such absence or disability. 

The words, juvenile court when used in the statutes of 
Ohio shall be understood as meaning the court in which the 
judge so designated may be sitting while exercising such 
jurisdiction, and the words "judge of the juvenile court" or 
"juvenile judge" as meaning such judge while exercising 
such jurisdiction. 

The foregoing provisions shall not apply to Hamilton 
county, in which county the powers and jurisdiction con- 
ferred in this chapter shall be exercised by the court of 

(599) 



What courts 
having powers 
and juris- 
diction. 



Procedure in 
absence of 
judge. 



Definitions. 



Jurisdiction in 

Hamilton 

county. 



6oo 



JUVENILE COURT 



common pleas, and in 1914 and every sixth year thereafter, 
one of the common pleas judges to be elected at said times 
shall be elected as a judge of the court of common pleas, 
division of domestic relations. To him shall be assigned 
all juvenile court work arising under this chapter, and all 
divorce and alimony cases, and whenever said judge of the 
court of common pleas, division of domestic relations, shall 
be sick, absent or unable to perform his duties, the presiding 
judge of the common pleas court shall assign another com- 
mon pleas judge to perform his duties during his illness, ab- 
sence or indisposition. 

HISTORY.— 99 V. 192, § 1; 108 v. 864 (868); 104 v. 176; 108 v. Pt. II 
1130. For an analogous statute, see R. S. §§ 548-36f, 548-37. 

The legislature has established the juvenile court in the 
exercise of its police power, to protect children and to remove 
them from evil influences : Children's Home v. Fetter, 90 O. S. 
110. - 

Where a delinquent child has become a ward of the juvenile 
:ourt and it has been committed to an institution, under the 
provisions of the General Code relating to the juvenile court, a 
proceeding in habeas corpus by a parent against the institution 
or its officers for the custody of the child will not lie: Children's 
Home V. Fetter. 90 O. S. 110. 

The probate courts of this state acting as juvenile courts under 
the provisions of G. C. §§ 1639, et seq., are courts of record, and 
their judgments, where jurisdiction of the person and subject- 
matter has been acquired and no fraud has intervened, are con- 
clusive and can be assailed in no other court in an independent 
proceeding: Children's Home v. Fetter, 90 O. S. 110. 

The juvenile court act, which provides for the care of delin- 
quent children, does not declare delinquency a crime; and such 
statutes are corrective and not criminal: In re Januszewski, 197 
Fed. 123, 10 O. L. R. 151. 



"Juvenile 
Court" de- 
fined. 



Seal. 



Section i 639-1. The term ** juvenile court" as used 
in this act [G. C. §§ 1643, 1672, and 3093] shall be construed 
as applying to such courts as are created by section 1639 
and all other courts now or hereafter created to administer 
the provisions of law relating to dependent, delinquent and 
neglected children. 

HISTORY.— 108 V. Pt. I 260 (262), § 2. 

Section 1640. The seal of the court, the judge of 
which is designated to transact such business, shall be at- 
tached to all writs and processes. 

HISTORY.-99 V. 192, § 2. 



Appearance 
docket and 
journal. 



Section 1641. The clerk of the court of the judge ex- 
ercising the jurisdiction shall keep an appearance docket 
and a journal, in the former of which shall be entered the 
style of the case and a minute of each proceeding and in the 
latter of which shall be entered all orders, judgments and 
findings of the court. 



548-36f. 



history.— 99 V. 192, § S. For an analogous statute, see R. S. § 



Jurisdiction. SECTION 1642. Such courts of common pleas, probate 

courts, insolvency courts and superior courts within the pro- 



JUVENILE COURT 

visions of this chapter shall have jurisdiction over and with 
respect to delinquent, neglected and dependent minors, 
under the age of eighteen years, not inmates of a state in- 
stitution, or any institution incorporated under the laws of 
the state for the care and correction of delinquent neglected 
and dependent children, and their parents, guardians, or any 
person, persons, corporation or agent of a corporation, re- 
sponsible for, or guilty of causing encouraging, aiding, 
abetting or contributing toward the delinquency, neglect or 
dependency of such minor, and such courts shall have juris- 
diction to hear and determine any charge or prosecution 
against any person, persons, corporations, or their agents, 
for the commission of any misdemeanor involving the care, 
protection, education or comfort of any such minor under 
the age of eighteen years. 

HISTORY.— 99 v. 192. § 4; 103 v. 864 (868). For an analogous statute, 
see R. S. § 548-36e. 

Courts of probate are courts of record and their records import 
verity: Children's Home v. Fetter, 90 O. S. 110. 

It is not necessary that the negative averments of this section, 
relating to jurisdiction over and with respect to deHnquent and 
dependent and neglected minors, shall be incorporated in the affi- 
davits under which arrests are made : Walton v. State, 3 Ohio 
App. 97, 19 O. C. C. (N. S.) 452. 

Where the probate court, after acquiring jurisdiction over a 
minor child, orders it to be committed to the children's home of the 
county and there kept in custody until the further order of the 
court, without making an express finding that the child is de- 
pendent, and later awards the custody of the child to its mother, 
in a subsequent habeas corpus proceeding brought by the father 
against the mother, the common pleas court will not award the 
custody of the child to the father on the ground that the action 
of the probate court over the child continues during its minority: 
State V. Mezgar, 59 Bull. 45 (Ed.). 

If the probate court, after acquiring jurisdiction over a minor, 
finds,- that its best interests require that it should be committed 
to the children's home and orders it to be so committed and there 
received, cared for, educated and kept in custody until further 
orders of the court, and the child is so committed, without making 
an express finding that the child is dependent, in a later pro- 
ceeding in habeas corpus, the common pleas court will not inquire 
whether the action of the probate court was sustained by the 
evidence taken before it: State v. Mezgar, 59 Bull. 45 (Ed.). 

^ The criminal jurisdiction of the juvenile court is partly ex- 
clusive and partly concurrent with that of other criminal courts. 
In all cases in which the judgment acts directly upon the infant 
himself it is exclusive, and in all cases in which , it is necessary to 
establish the delinquency of a child as a substantive part of the 
ofifense such jurisdiction is also exclusive. In cases of ofTenses 
against infants under statutes in existence prior to the creation of 
the juvenile court the jurisdiction is concurrent, and as to statutes 
creating offenses since the establishment of the juvenile court the 
jurisdiction is either exclusive or concurrent. Op. Atly. Gen. 
(1918), p. 389. 

Because of the age limitation imposed by section 1653-1 G. C, 
a delinquent female minor child under the age of ten years cannot 
legally be committed to the Girls' Industrial School by the probate 
court, in the exercise of its juvenile jurisdiction. 

Disposition of such a child should be made in one of the ways 
provided by sections 1652 and 1352-5 G. C Op. Atty. Gen. (1919), 
p. 673. 

The juvenile court has jurisdiction over and with respect to .all 
delinquent, neglected an4 dependent minors within the county, and 



6oi 



602 JUVENILE COURT 

the fact that some or all of the acts of misconduct upon which 
a delinquency charge is based were committed outside of the county- 
does not rob the court of its jurisdiction to determine the status 
of the child and proceed accordingly. Op. Atty. Gen. (1918) 
p. 840. 

In the administration of the juvenile act, good policy in most 
cases suggests that the juvenile court of the county of the minor's 
residence be permitted to determine the minor's status. 

Where a minor child under the age of eighteen years is a 

resident of A county, but while in W ; — county violates 

a law of the state of Ohio, such minor may, as a matter of law, 
be proceeded against as a juvenile delinquent person in either the 

juvenile court of A county, or the juvenile court of W- 

county. 

^ The court first acquiring the jurisdiction would, however, 
re':ain it to the exclusion of any other court, until the case were 
finally disposed of. Op. Atty. Gen. (1919), p. 618. 

Where a minor under the age of 18 years, to-wit, of the age 
of 17 years, commits an act of delinquency, but said minor is 
not, while under 18 years of age, brought within the juvenile court's 
jurisdiction by the filing of an affidavit and the service of citation 
or warrant, said court is thenceforth without jurisdiction to permit 
the filing of an affidavit against said minor and adjudge him a 
juvenile delinquent person. 

A minor under the age of 18 years, to-wit, of the age of 17 
years, commits, an act of delinquency and is duly adjudged a 
juvenile delinquent person and committed, as a ward of the court, 
to an institution. While in the ins'^itution said minor becomes 18 
years of age. iHe then confesses that he committed another act 
of delinquency while he was still 17 years of age. Held: That 
the juvenile court has no authority to entertain a new affidavit 
against said minor and to make a further order as to his custody. 

A minor of the age of 17 years commits an act of delinquency 
and in so doing is induced and aided by an adult. _ Affidavits are 
filed against both the minor and the adult. Each is apprehended 
and brought into court, being served with proper process for that 
purpose. By order of the court said cases are continued for a 
period of one month. In the meantime said minor arrives at the 
age of 18 years. Held : That while this question is not free from 
doubt, the liberal construction required by section 1683 G. C. to 
be given the juvenile act suggests the desirability of applying the 
following as the proper administrative rule, until court decision 
halds contra: That the juvenile court does not lose its jurisdiction 
over said minor nor over the adult defendant, but may proceed to 
hear and determine said cases, even though said minor is not, 
at the time of said hearing and determination, under the age of 
18 years. 

A minor is adjudged a juvenile delinquent person by the 
juvenile court and committed to an institution. While confined 
therein, said minor arrives at the age of 18 years. He then con- 
fesses to another act of delinquency committed before his 18th 
birthday, implicating an adult person who induced and aided him 
to commit the offense. Held: that the juvenile court is without 
jurisdiction to entertain an affidavit under section 1654 G. C. 
against the adult aider and inducer and try said adult defendant 
thereon. Op. Att>'. Gen. (1920), p. 296. 

The juven'le court has no jurisdiction in a bastardy pro- 
ceeding, even where the defendant and the mother of the child are 
under 16 years of age. Op. Atty. Gen. (1917), p. 2228. 

A boy came into the custody of the juvenile court prior to 
his becoming eighteen years of age and was placed on probation 
by the court upon certain conditions. After aiyiving at theageof 
eighteen years he violated this probation. Held, if the violation 
of probation in this case consisted of a violation of sortie rule of 
conduct im.posed by the juvenile court upon this boy prior to his 
becoming eighteen years of age, the juvenile court can now deal with 
such boy in exactly the same manner as if he were still under 



JUVENILE COURT 603 

eighteen years of age, except that the court is without authority 
to commit such boy to the boys' industrial school. If, however, 
the violation of probation consisted of the commission of some 
offense ag:ainst the state laws or local ordinances since such boy 
became eighteen years of age, the juvenile court has no jurisdiction 
in the punishment of such offense and the boy should be proceeded 
against in the same manner and in the same court as though he 
were an adult. Op. Atty. Gen. (1917), p. 1914. 

Section 1643. When a child under the age of eighteen when juris-, 
years comes into the custody of the court under the pro- ^Ses" *^""' 
visions of this chapter, such child shall continue for all nec- 
essary purposes of discipline and protection, a ward of the 
court, until he or she attain the age of twenty-one years. 
The power of the court over such child shall continue until 
the child attains such age. Provided, in case such child is 
committed to the permanent care and guardianship of the 
Ohio board of administration, or the board of state charities, 
or of an institution or association, certified by the board of 
state charities, with permission and power to place such 
child in a foster home, with the probability of adoption, 
such jurisdiction shall cease at the time of commitment. 

No court shall issue a writ of habeas corpus against any when writ of 
parties holding a child by reason of commitment of the juve- ma^y^fssue!^"^ 
nile court before such parties have been heard by the court 
to which application has been made for such writ and their 
rights to hold such child have been finally determined by the 
proper court. 

HISTORY.— 99 V. 192, § 4; 103 v. 864 (869); 108 v. Pt. I 260. 

Under this section the jurisdiction over an incorrigible child 
continues until he attains the age of twenty-one: Children's Home 
v. Fetter, 90 O. S. 110. 

Under this section a court may make an order permitting an 
incorrigible child to make his home with his father _ on certain 
days of the week, and with his mother on the remaining days of 
the week, subject to certain conditions and provided that final 
judgment of commitment to any other person, place, or institution, 
should be suspended as long as such child should comply with such 
conditions, in the opinion of the judge, without losing jurisdiction of 
such case ; and the court may thereafter remove such child from the 
custody of its parents and commit it to a county children's home: 
Children's Home v. Fetter, 90 O. S. 110. 

When a minor child under the age of eighteen years is arrested 
and taken before a justice of the peace and the latter transfers 
the case to the judge of the juvenile court as provided by section 
1659 G. C. costs are taxable in favor of the justice of peace and the 
constable and should be paid as provided in section 1682 G .C. 

Where a minor child under the age of eighteen years is a 
resident of Warren county but while in Clermont county violates 
a law of the state of Ohio such minor may be proceeded against as 
a juvenile delinquent person in the juvenile court of Warren 
county. Op. Atty. Gen. (1919), p. 260. 

Under section 1643 G. C, for all necessary purposes of dis- 
cipline and protection, when a child under the age of eighteen years 
comes into the custody of a juvenile court, under the provisions 
of the juvenile court act, such child shall continue a ward of the 
court and under its continuing jurisdiction until such child attains 
the age of twenty-one years or is adopted under section 1672 G. C, 
and such facts being made to appear in a juvenile court of another 
county in a subsequent proceeding therein, the latter court is 
without jurisdiction to permanently commit said child under section 
1653 et seq. G. C, but pending the final hearing may make necessary 



6o4 JTJVENILE CX)URT 

orders for the temporary well being of such child. Op. Atty. Gen. 
(19iy), p. 591. 

Dependent girls committed by the juvenile court to the tem- 
porary care and custody of the board of state charities, remain 
under the legal control and guardianship of the court until they 
attain the age of twenty-one years, should such commitment for 
temporary care endure that length of time. 

Dependent girls committed by the juvenile court to the per- 
. manent care and custody of the board of state charities come 
under the sole and exclusive guardianship of such board, and 
such board shall, in the absence of any proceedings meanwhile for 
the legal_ adoption of such children, retain their guardianship until 
they arrive at the age of eighteen years. Op. Atty. Gen. (1920), 
p. 1009. 

See Opinions of Attorney General (1917), p. 1914, cited under 
Sec. 1642. 

Delinquent SECTION 1644. "DELINQUENT CHILD DE- 

chiid defined. FINED." For the purpose of this chapter, the words "De- 
linf|ucnt child" includes any child under eighteen years of 
age who violates a law of this state, or a city or village 
ordinance, or who is incorrigible; or who knowingly as- 
sociates with thieves, vicious or immoral persons ; or who is 
growing up in idleness or crime ; or who knowingly visits 
or enters a house of ill repute; or who knowingly patronizes 
or visits a policy shop or place where any gambling device 
or gambling scheme is, or shall be, operated or conducted; 
or who patronizes or visits a saloon or dram shop where 
intoxicating liquors are sold ; or who patronizes or visits a 
public pool or billiard room or bucket shop ; or who wanders 
about the streets in the night time; or who wanders about 
railroad yards or tracks, or jumps or catches on to a moving 
train, traction or street car, or enters a car or engine without 
lawful authority, or who uses vile, obscene, vulgar, profane 
or indecent language; or who is guilty of immoral conduct; 
or who uses cigarettes, cigarette wrapper or substitute for 
either, or cigars, or tobacco ; or visits or frequents any 
theater, gallery, penny arcade or moving picture show where 
lewd, vulgar or indecent pictures, exhibitions or perform- 
ances are displayed, exhibited or given, or who is an habitual 
truant : or who tises any injurious or narcotic drug. A child 
committing any of the acts herein mentioned shall be deemed 
a juvenile delinquent person, and be proceeded against in the 
manner hereinafter provided. 

HISTORY.— 99 V. 192, § 5: 103 v. 864 (869); 106 v. 458. For an analo 
gous statute, see R. S. §§ 648-36d, 548-38. 

In a prosecution for contributing to the delinquency of a 
minor, the affidavit, in order to charge a crime, must allege that the 
minor is under eighteen years of age, and is a delinquent within 
the meaning of the statute, and that the defendant is guilty of 
contributing to such delinquency: Willison v. State, 3 Ohio App. 
244, 21 O. C C. (N. S.) 526. 

Where the charge of the court, taken in its entirety, is such 
that it is evident that the jury understood it in a manner so as to 
apply the law correctly, it will not be held erroneous, even though 
it contains some statements that are not strictly clear or proper: 
Smith V. State, 14 O. C C. (N. S.) 257, 24 O. C. D. 661. 

A person owning and conducting a house of ill-repute is guilty 
of contributing to the delinquency of a minor under seventeen 
years of age, where it is shown that such minor was admitted by 



JUVENILE COURT $0$ 

a person apparently acting as a servant or employee and making no 
inquiry as to the age of the minor: Smith v. State, 14 O. C. C 
(N. S.) 257, 24 O. C. D. 661. 

Delinquency has not been declared a crime in Ohio, and the 
Ohio juvenile act is neither criminal or penal in its nature, but is an 
administrative police regulation of a corrective ' character ; and 
while the commission of a crime may set the machinery of the 
juvenile court in motion, the accused was not tried in that court for 
his crime, but for incorrigibility: In re Januszewski, 11)6 Fed. 123, 
10 O. L. R. 151. 

While G. C. § 1648 provides for an aflfidavit. and not for an 
indictment, it is not invalid under Art. I, ^ 10, of the constitution of 
Ohio, which provides that the accused can be held to answer for an 
infamous crime only upon presentation by the grand jury: since 
delinquency is not made a crime by this section: In re Januszewski, 
196 Fed. 123. 10 O. L. R. 151. 

The keeper of a pool table in a pool room at a public place 
where no billiard tables are kept, who permits a minor under the 
age of eighteen years to be and remain in such pool room, is 
amenable to criminal prosecution under sections 12062 and 12!'C3 
of the General Code of Ohio. Op. Atty. Gen. (1010). p. 320. 

When the juvenile court finds a girl over 16 years to be 
delinquent, such court is not required to send her to the Ohio 
Reformatory for Women, but may, if it sees fit, send her to such 
institution or to the Girls' Industrial School, or other institution for 
juvenile delinquency. Op. Atty. Gen. (1017), p. 074, 

When a juvenile court has found a minor to be delinquent 
such court may impose a fine not exceeding $10,00, by reason of 
the provisions of section 1654 General Code. 

There is no provision in law for appealing or prosecuting 
error from the judgment of a juvenile court. 

A juvenile judge has exclusive jurisdiction in all but felony 
cases with respect to minors under 18 years of age. Op. Atty. Gen. 
(1917), p. 1586. 

Section 1645. ^or the purpose of this chapter, the Dependent 
words "dependent child" shall mean any child under eighteen *'*"^ defined, 
years of age who is dependent upon the public for support; 
or who is destitute, homeless or abandoned ; or 
who has not proper parental care or guardianship, 
or who begs or receives alms ; or who is given 
away or disposed of in any employment, service, 
exhibition, occupation or vocation contrary to any 
law of the state; who is found living in a house of ill fame, 
or with any vicious or disreputable persons or whose home, 
by reason of neglect, cruelty or depravity on the part of its 
parent, step-parent, guardian or other person in whose care 
it may be, is an unfit place for such child ; or who is pre- 
vented from receiving proper education or proper physical, 
mental, medical or surgical examination and treatment be- 
cause of the conduct, inability or neglect of its parents, 
step-parent, guardian or other person in whose care it may 
be ; or whose condition or environment is such as to warrant 
the state, in the interest of the child, in assuming its 
guardianship. 

HISTORY.— 99 V. 193, § 6; 103 t. 8W (869); 106 v. 468 (459); 109 r. 961. 
For an analogous statute, see R. S. S &48-36d. 

Where a girl, 16 years of age, a ward of the juvenile court 
of A. county, gave birth to a child in the maternity hospital in B. 
county, and with said child is still residing in the latter county, 
and^ where said child became a dependent child, as defined in 
section 1645 G. C., upon complaint being filed according to law in 



6o6 



JUVENILE COURT 



"Proper 
parental care' 
defined. 



the juvenile court of B. county, that court has jurisdiction over 
such child and the juvenile court of A. county is without juris- 
diction. Op. Atty. Gen. (1919), p. 271. 

Section 1646. A child within the provisions of this 
chapter whose parents, step parents or guardian permits it 
to use or become addicted to the use of tobacco, or intoxi- 
cating hquors as a beverage and not for medicinal purposes, 
or any injurious or narcotic drug, or whose parents or 
guardian lears, keeps or permits it in or about a saloon or 
place where intoxicating liquors are sold, or a gambling 
house or place where gambling is practiced or carried on, or 
a house of ill fame, or ill repute, shall be deemed to be with- 
out proper parental care or guardianship. The word ''child" 
or "children" may mean one or more children and includes 
males and females. The word "parent" may mean one or 
both parents or step parents when consistent with the intent 
of this chapter. The word "minor" means child, 

HISTORY.-99 V. 193, § 6; 103 v. 864 (870). For an analogous statute, 
see R. S. §§ 54S-36d, 518-38. 



Who may SECTION. 1647. Any person having knowledge of a 

file complaint, miuor Under the age of eighteen years who appears to be 
either a delinquent, neglected or dependent child, may file 
with such juvenile court a complaint, sworn to, which may 
be upon information and belief, and for that purpose such 
complaint shall be sufficiently definite by using the word 
delinquent, or dependent, as the facts may be. 

HISTORY.— 99 V. 193, § 7; 103 v. 864 (870). For an analogous statute, 
see R. S. §§ 548-3jg, 548-39. 

In a prosecu'ion for contributing to the delinquency of a 
minor, the affidavit, in order to charge a crime, must allege that 
that the minor is under eighteen years of age, and is a delinquent 
within the meaning of the statute, and that the defendent is 
guilty of contributing to such delinquency: Willison v. State, 3 
Ohio App. 244, 21 O. C. C. (N. S.) 526. 

General Code §§ 1647 and 1648, conferring on juvenile courts 
authority to determine cases involving delinquent, neglected and 
dependent children, do not supersede G. C. § 11987. empowering 
common pleas courts to make orders for the disposition, care and 
m.aintenance of children of parents involved in divorce nroceedings : 
Orphan Asylum v. Soule, 24 O. C. C. (N. S.) 151, 26 O. C. D. 135, 
60 Bull. 449 (Ed.), 60 Bull. 473 (Ed.) [citing In re Crist, 89 
O. S. 33; Children's Home v. Fetter, 90 O. S. 110]. 

A court of common pleas, having made an order concerning the 
disposition of a minor child of parents involved in divorce pro- 
ceedings, has con'-inuing- jurisdiction of such child, precluding 
a juvenile court from taking independent jurisdiction thereof. If 
the best interests of the child demand a change of custody the 
proper procedure is by application to the common pleas court to 
modify its former order: Orphan Asylum v. Soule, 24 O. C. C. (N. 
S.) 151, 26 O. C. D. 135, 60 Bull. 449 (Ed.), 60 Bull. 473 (Ed.) 
[citing In re Crist, 89 O. S. 33; Children's Home v. Fetter, 90 
O. S. 110]. 

The principle that the court first obtaining jurisdiction of a 
subject-matter retains exclusive jurisdiction and authority until 
final disposition, applies to jurisdiction of a dependent child, con- 
cerning which a common pleas court has made an order for the 
custody in divorce proceedings, and a juvenile court has _ no 
authority to make an order for the disposition of such child: 
Orphan Asylum v. Soule, 24 O. C. C (N. S.) 151, 26 O. C D. 135, 



JUVENILE COURT 607 

60 Bull. 449 (Ed.) 60 Bull. 473 (Ed.) [citing In re Crist, 89 O. S. 
33; Children's Home v. Fetter, 90 O. S. 110]. 

Section 1648. Upon filing of the complaint, a citation caution, 
shall issue, requiring such minor to appear, and the parents J^^pJ"*' *^°"' 
or guardian or other person, if any, having custody or con- 
trol of the child, or with whom it may be, to appear with the 
minor at a time and place to be stated in the citation ; or the 
judge may in the first instance, issue a warrant for the arrest 
of such minor or for any person named in the complaint and 
charged therein with having abused or abandoned, or 
charged therein with neglect of or being responsible for or 
having encouraged, aided or abetted the dehnquency or de- 
pendency of such child, or having acted in a way tending to 
cause delinquency in such child. A parent, step parent, 
guardian or other person not cited may be subpoenaed to 
appear and testify at the hearing. Any one cited or sub- 
poenaed to appear who fails to do so, may be punished as m 
other cases in the common pleas court for contempt of court. 
Whenever it shall appear from affidavit that a parent or 
guardian or other person having the custody of such child 
resides or has gone out of the state or that his or her place 
of residence is unknown so that such citation cannot be 
served on him or her, the clerk shall cause such citation to be 
published once in a newspaper of general circulation 
throughout the county, and published in the county, if 
there be one so published. The citation shall state the nature 
of the complaint, and the time and place 'of the hearing, 
which shall be held at least two weeks later than the date 
of the publication ; and a copy of such citation shall be sent 
by mail to the last known address of such parent, guardian 
or other person having custody of such child, unless said 
affidavit, shows that a reasonable effort has been made with- 
out success to ascertain such address. The certificate of the 
clerk that such publication has been made or such citation 
mailed shall be sufficient evidence thereof. Until the time for 
the hearing arrives, the court shall make such temporary dis- 
position of such child as it may deem best. When said 
period of two weeks from the time of publication shall have 
elapsed, said court shall have full jurisdiction to deal with 
such child as provided by this chapter. When a person 
charged with violating a provision of this chapter shall have 
fled from justice in this state, such judge shall have all the 
powers of a magistrate under the laws of this state relating 
to fugitives from justice. 

HISTORY.-99 V. 103, § 8; 103 V. 864 (870). For an analogous statute, 
see R. S. §§ 548-36h, 548-40. 

General Code §§ 1617 and 1618 conferring on juvenile courts 
authority to determ'ne cases involving delinquent, neglected and 
dependent children, do not supercede G. C. § 11087. empower'ng 
cornmon pleas courts to make orders for the disposition, care and 
main':enance of children of parents involved in divorce proceedings • 
Orphan Asvlrm v. Soule, 24 O. C. C. (N. S.) 151, 26 O. C. D 135 
60 Bull. 449 (Ed.) 60 BuH. 473 (Ed.) [ci^'ng In re Crist, 89 O S 
33; Children's Home v. Fetter, 90 O. S. 110]. 



6o8 



JUVENILE CX)URT 



The principle, that the court first obtaining jurisdiction of a 
subject-matter retains exclusive jurisdiction and authority until 
final disposition, applies to jurisdiction of a dependent child, con- 
cerning which a common pleas court has made an order for the 
custody in divorce proceedings, and a juvenile court has no author- 
ity to make an order for the disposition of such child : Orphan 
Asylum v. Soule, 24 O. C. D. 135 60 Bull. 449 (Ed.), 60 Bull. 473 
(Ed.) [citing In re Crist, 89 O. S. 33; Children's Home v. Fetter, 
90 O. S. 110]. 

A court o£ common pleas, having made an order concerning the 
disposition of a minor child of parents involved in divorce pro- 
ceedings, has continuing jurisdiction of such child, precluding a 
juvenile court from taking independent jurisdiction thereof. If the 
best interests of the child demand a change of custody the proper 
procedure is by application to the common pleas court to modify 
its former order: Orphan Asylum v. Soule, 24 O. C. C. (N. S.) 
151, 26 q. C. D. 135, 60 Bull. Home v. Fetter, 90 O. S. 110]. 

While this section provides for an affidavit, and not for an 
indictment, it is not invalid under Art. I, § 10, of the constitution 
of Ohio, which provides that the accused can be held to answer 
for an infamous crime only upon presentation by the grand jury; 
since delinquency is not made a crime by G. C. § 1644: In re 
Januszewski, 196 Fed. 123, 10 O. L. R. 151. 

Delinquency has not been declared a crime in Ohio and the 
Ohio juvenile act is neither criminal or penal in its nature, but is 
an administrative police regulation of a corrective character ; and 
while the commission of a crime may set the mach-nery of the 
juvenile court in motion, the accused was not tried in that court 
for his crime but for incorrigibility : In re Januszewski, 196 Fed. 
123, 10 O. L. R. 151. 

See Opinions of Attorney General (1919), p. 648, cited under 
Sec. 1642. 



Provision to 
avoid incar- 
ceration. 



Special room 
for juvenile 
court. 



Hearing. 



Section 1648- i. In any case where a child under the 
age of eighteen years is arrested with or without a warrant,, 
in order to avoid the incarceration of such child, if prac- 
ticable, the officer so arresting, unless otherwise ordered by 
the court shall accept the written promise of the parent, 
guardian or other person with whom such child resides, or 
any other reputable person, to be responsible for the presence 
of said child -in the proper court at the time and place when 
such child is to appear, and at any other time to which the 
hearing in the case may be continued or adjourned by the 
court. Nothing herein contained shall be construed to pre- 
vent the admitting of such child to bail, in accordance with 
the general provisions of the crimes act. 

HISTORY.— 103 v. 864 (871). 

Section 1649. The county commissioners shall pro- 
vide a special room not used for the trial of criminal cases, 
when avoidable, for the hearing of juvenile cases. 

HISTORY.— 99 v. 1&4, § 9. For an analogous statute, see R. S. § 
648-36f. 

Section 1650. On the day named in the citation or 
upon the return of the warrant of arrest, or as soon there- 
after as may be, the judge shall proceed, in a summary 
manner to hear and dispose of the case, and the person 
arrested or cited to appear may be punished in the manner 
hereinafter provided. 

history.— 9© V. 194, § 10. For an analogous statute, see R. S. S 



MS-86h. 



JUVENILE COURT 609 

A court calendar is not required to be kept in the probate 
court; Stark v. Stark, 17 O. C. C. (N. S.) 398, 24 O. C D. 135 
[affirmed, without opinion, Stark v. Stark, 88 O. S. 586; citing Mil- 
lard V. Commissioners, 13 O. C. C 581, 7 O. C D. 115]. 

This section, which authorizes the judge to determine the 
question of delinquency without a jury, is not rendered invalid by 
Art. I, § 5, of the constitution of Ohio, which provides that the 
right of trial by jury shall be inviolate; nor is it rendered invalid 
by the fourteenth amendment to the constitution of the United 
States, which provides that no one shall be deprived of life, liberty, 
or property, without due process of law : In re Januszewski, 196 
Fed. 123, 10 O. L. R. 151. 

The juvenile court act, which provides for the care of delin- 
quent children, does not declare delinquency a crime ; and such stat- 
utes are corrective and not criminal : In re Januszewski, 196 Fed. 
123, 10 O. L. R. 151. 

Inasmuch as the privileges and immunities of a citizen of the 
United States do not include the right to trial by jury in a state 
court even for a state offense or the right to be exempt from trial 
for an infamous crime except upon presentment by a grand jury, 
it follows that a jury trial is not essential in all cases to due process 
of law ; and the commitment of the petitioner to the boys' industrial 
school for incorrigibility by the juvenile court of Cuyahoga county 
was not rendered invalid by reason of the fact that it was with- 
out the intervention of a jury, notwithstanding the charge in the 
affidavit upon which he was arrested was that he was a delinquent 
in that he maliciously and purposely shot R. M. with intent to kill. 
In re Januszewski, 196 Fed. 123, 10 O. L. 151. 

Section 1651. Any person charged with violating any jury trial; 
of the provisions of this chapter or being responsible for or, *^°^*^- 
with causing, aiding or contributing to the delinquency, de- 
pendency or neglect of a child, or with acting in a way tend- 
ing to cause delinquency in a child, arrested or cited to 
appear before such court, at any time before hearing, may 
demand a trial by jury, or the judge upon his own motion 
may call a jury. The statutes relating to the drawing and 
impaneling of jurors in criminal cases in the court of com- 
mon pleas, other than in capital cases, shall apply to such 
jury trial. The compensation of jurors and costs of the 
clerk and sheriff shall be taxed and paid as in criminal cases 
in the court of common pleas. 

HISTORY.— 99 V. 194, § H; 103 v. 864 (871). For an analogous statute, 
see R. S. § 548-38. 

A jury may be waived by a defendant in the juvenile court, 
and where he elects so to do it is not necessary that the waiver be 
in writing: Walton v. State, 3 Ohio App. 97, 19 O. C. C. (N. S.) 
452. 

Section 1652. In case of a delinquent child the judge commitment, 
may continue the hearing from time to time and may com- 
mit the child to the care or custody of a probation officer, 
and may allow such child to remain at its own home, subject 
to the visitation of the probation officer or otherwise, as the 
court may direct, and subject to be returned to the judge for 
further or other proceedings whenever such action may 
appear to be necessary ; or the judge may cause the child to 
be placed in a suitable family home, subject to the friendly 
supervision of a probation officer, and the further order of 
the judge, or he may authorize the child to be boarded in some 
39 s. L. 



6 10 JUVENILE COURT 

suitable family home in case provision be made by voluntary 
contribution or otherwise for the payment of the board of 
such child, until suitable provision be made for it in a home 
without such payment; or the judge may commit such child, 
if a boy, to a training school for boys, or, if a girl, to an 
industrial school for girls, or commit the child to any in- 
stitution within the county that may care for delinquent 
' children, or be provided by a city or county suitable for the 
care of such children. In no case shall a child, committed 
to such institutions, be confined under such commitment 
after attaining the age of twenty-one years ; or the judge 
may commit the child to the care and custody of an associa- 
tion that will receive it, embracing in its objects, the care of 
neglected or dependent children, if duly approved by the 
board of state charities, as provided by law. Where it 
appears at the hearing of a male delinquent child, that he 
is i6 years of age, or over, and has committed a felony, the 
juvenile court may commit such child to the Ohio state 
reformatory. 

HISTORY.— 99 v. 194, § 12; 103 v. 864 (871). In effect July 1, 1914. 
For an analogous statute, see R. S. § § 648-361, 548-45. 

Under this section a court may make an order permitting an 
incorrigible child to make his home with his father on certain 
days of the week, and with his mother on the remaining days of 
the' week, subject to certain conditions and provided that final 
judgment of commitment to any other person, place or institution 
should be suspended as long as such^ child should comply with 
such conditions, in the opinion of the judge, without losing juris- 
diction of such case; and the court may thereafter remove such 
child from the custody of its parents and commit it to a county 
children's home: Children's Home v. Fetter, 90 O. S. 110. 

This section is not in conflict with G. C. § 1681. This section 
provides a different place for the confinement of delinquent children 
over sixteen years of age from the places of confinement to which 
other delinquent children may be committed, namely to the Ohio 
state reformatory ; while G. C. § 1681 provides that delinquent 
children of any- age charged with a felony may be indicted and 
subjected to the provisions of the general criminal statutes: Leon- 
ard V. Licker, 3 Ohio App. 377, 23 O. C. C (N. S.) 422 [citing 
Prescott V. State, 19 O. S. 184]. 

The provisions of the General Code relating to delinquent^ chil- 
dren are reformatory in their nature and not penal. Accordingly, 
the provisions of this section that, "where it appears upon the. 
hearing that such delinquent child is sixteen years of age, or over, 
and has committed felony" he may be committed to the Ohio state 
reformatory, are not unconstitutional : Leonard v. Licker, 3 Ohio 
App. 377, 23 O. C C. (N. S.) 442 [citing Prescott v. State, 19 
O. S. 184]. 

The Ohio state reformatory is a prison for persons who are 
convicted of felonies and committed thereto by a sentence of the 
court following such conviction; while for delinquent children who 
have been committed thereto after having committed an act which 
constitutes a felony, it is only a school or place of reformation: 
Leonard v. Licker, 3 Ohio App. 377, 23 O. C. C (N. S.) 442 [citing 
Prescott V. State, 19 O. S. 184]. 

General Code § 1681 is discretionary and not mandatory, and a 
delinquent child charged with a felony may be committed as 
provided in this section or recognized to the court of common 
pleas, subject to the requirements of the general criminal laws of 
the state, at discretion of the juvenile judge: Leonard v. Licker, 
3 Ohio App. 377, 23 O. C. C (N. S.) 442 [citing Prescott v. State, 
19 O. S. 184]. 



JUVENILE COURT 6ll 

In case of the separation of parents, the custody of an epileptic 
son who is twenty years of age and an inmate of an epileptic 
hospital will be granted to the father, the evidence showing that 
he is a suitable and proper person to look after the interest of 
such child: Patterson v. Patterson, 12 O. N. P. (N. S.) 601, 
57 Bull. 273 (Ed.). 

If husband and wife have separated, the custody of the children 
is to be granted so as to secure the best interests of such children: 
Patterson v. Patterson, 12 O. N. P. (N. S.) 601, 57 Bull. 273 (Ed.). 

Delinquency has not been declared a crime in Ohio, and the 
Ohio juvenile act is neither criminal or penal in its nature, but is an 
administrative police regulation of a corrective character; and while 
the commission of a crime may set the machinery of the juvenile 
court in motion, the accused was not tried in that court for his 
crime, but for incorrigibility: In re Januszewski, 196 Fed. 128, 
10 O. L. R. 151. 

Repugnancy of a state s-tatute to the constitution of the state 
does not afford ground for the granting of a writ of habeas corpus 
by a federal court upon application of one convicted thereunder, 
unless the petitioner is in custody by virtue of such statute and the 
statute is in conflict with the constitution of the United States: 
In re Januszewski, 196 Fed. 123, 10 O. L. R. 151. 

A boy over sixteen years of age is committed to the Ohio 
state reformatory by the juvenile court by virtue of section 1652 of 
the General Code. The state is not liable for the costs in the case. 
Such costs must be paid from the county treasury upon the cer- 
tificate of the juvenile judge, as provided in section 1682 G. C. Op. 
Atty. Gen. (1918), p. 324. 

See Opinions of Attorney General as follows : 

(1917), p. 1914, cited under Sec. 1642. 

(1919), p. 673, cited under Sec. 1642. 

(1917), p. 9J4, cited under Sec. 1644. 

Section i 652-1. Any child coming within the pro- Examination 
visions of this chapter may be subjected to a physical and physkSSf^"^ 
mental examination by a competent physician or physicians, '"^.2'^^ ^^^jt. 
to be appointed by the Juvenile Court. Whenever any such ment.*^ 
child is committed to any institution by virtue of the pro- 
vision of this chapter, a record of such examination or 
examinations shall be sent with the commitment to such 
institution. The Juvenile Court shall tax as part of the 
costs, a reasonable fee for such examination. 

HISTORY.— 103 V. 864 (872); 109 v. 523. 

Section 1653. When a minor under the age of commitment 
eighteen years, or any ward of the court under this chapter, 0° suUabie°" 
is found to be dependent or neglected, the judge may make person. 
an order committing such child to the care of the children's 
home if there be one in the county where such court is held, 
if not, to such a home in another county, if willing to receive 
such child, for which the county commissioners of the county 
in which it has a settlement, shall pay reasonable board ; or 
he may commit such child to the board of state charities or 
to some suitable state or county institution, or to the care of 
some reputable citizen of good moral character, or to the 
care of some training school or an industrial school, as pro- 
vided by law, or to the care of some association willing to 
receive it, which embraces within its objects the purposes 
of caring for or obtaining homes for dependent, neglected 
or delinquent children or any of them, and which has been 



6i^ Juvenile court 

approved by the board of state charities as provided by law. 
When the health or condition of the child shall require it, 
the judge may cause the child to be placed in a pubHc 
hospital or institution for treatment or special care, or in a 
private hospital or institution which will receive it for like 
purposes without charge. The court may make an examina- 
tion regarding the income of the parents- or guardian of a 
minor committed as provided by this section and may then 
order such parent or guardian pay the institution or board 
to which the minor has been committed reasonable board for 
such minor, which order, if disobeyed, may be enforced by 
attachment as for contempt. 

HISTORY.— 99 V. 195, § 13; 103 v. 864 (872). For an analogous statute, 
see R. S. §§ 548-36J, 548-42. 

Where a delinquent child has become a ward of the juvenile 
court and it has been committed to an institution, under the 
provisions of the General Code relating to the juvenile court, a 
proceeding in habeas corpus by a parent against the institution or 
its officers for the custody of the child will not lie: Children's 
Home V. Fetter, 90 O. S. 110. 

The probate courts of this state acting as juvenile courts under 
the provisions of G. C. §§ 1639 et seq., are courts of record and 
their judgments, where jurisdiction of the person and subject- 
matter has been acquired and no fraud has intervened, are con- 
clusive and can be assailed in no other court in an independent 
proceeding: Children's Home v. Fetter, 90 O. S. 110. 

The juvenile court act, which provides for the care of de- 
linquent children, does not declare delinquency a crime; and such 
statutes are corrective and not criminal : In re Januszewski, 196 
Fed. 123, 10 O. L. R. 151. 

The juvenile judge has no authority to contract with phy- 
sicians for medical attention to be rendered a pauper ward of the 
court nor any authority to contract with a hospital for treatment 
or care of such patient. Op. Atty. Gen. (1917), p. 739. 

See Opinions of Attorney General (1919), p. 591, cited under 
Sec. 1643. 

Section 1653 G. C. while authorizing commitments by the 
juvenile court of dependent and neglected children to the care of 
suitable private individuals of good moral character, makes no 
provision in such cases for payment by the county commissioners 
of the board of such committed children. 

Section 3092 G. C. as amended in 109 O. L., p. 533, confers 
no authority upon county commissioners to pay the board of neg- 
lected and dependent children committed by the juvenile court to 
the care of private families or individuals in counties where a 
county children's home is provided. Op. Atty. Gen. No. 2915, 
Mar. 9, 1922. 

Age limita- SECTION 1 653- 1. The provisions of section 1652 shall 

tions. not apply to the girls' industrial school or the boys' industrial 

school, so far as the same allows the commitment of a child 
under ten years or over eighteen years of age to such in- 
stitution. In no case shall a child found to be a dependent 
or neglected child be committed to such institution, nor shall 
any child under ten years or over eighteen years of age, be 
committed to such schools except as provided in section 21 11 
of the General Code. 

HISTORY.— 101 V. 379; 103 v. 864 (873). 

The sheriff is not the proper officer to convey girls to the 
Girls' Industrial School, and if he performs such service he may 
not collect any fee therefor. The proper officer to render such 



quency. 



JUVENILE COURT 613 

service is the probation officer, and there must be at least one 
probation officer in every county. The expenses of such trans- 
portation, are payable out of the county treasury on the certificate 
of the juvenile judge, as provided in section 1082. Op. Atty. Gen 
(1918), p. 341. 

See Opinions of Attornev Gent rai as follows : 

(1919), p. 673, cited under Sec. 1642. 

(1917), p. 1914, cited under Sec. 1642. 

Section 1654. Whoever abuses a child or aids, abets, Penalty for 
induces, causes, encourages or contributes toward the de- fng ^Ind"^ abet- 
pendency, neglect or delinquency, as herein defined, of a ting deiin- 
minor under the age of eighteen years, or acts in a way 
tending to cause delinquency in such minor, shall be fined 
not less than ten dollars, nor more than one thousand 
dollars or imprisoned not less than ten days nor more than 
one year, or both. Each day of such contribution to such 
dependency, neglect or delinquency, shall be deemed a sepa- 
rate offense. If in his judgment it is for the best interest of 
a delinquent minor, under the age of eighteen years, the 
judge may impose a fine upon such delinquent not exceeding 
ten dollars, and he may order such person to stand com- 
mitted until fine and costs are paid. 

HISTORY.— 99 V. 195, § 14; 103 v. 864 (873). For an analogous statute, 
see R. S. § 548-36y. 

Where a person has been in jeopardy upon an information or 
affidavit charging that he contributed to the moral delinquency of a 
female person in violation of G. C. § 1654, such jeopardy can not 
be successfully pleaded as a bar to a prosecution by indictment on a 
charge of rape under G. C. § 12143. The provision of the con- 
stitution relating to jeopardy is in the following words: "No per- 
son shall be twice put in jeopardy for the same offense." The 
offense charged in the information is not the same offense and does 
not include the offense charged in the indictment, and hence the 
defense of jeopardy must fail: State v. Rose, 89 O. S. 383. 

While G. C. § 12370, which provides that the word "im- 
prisoned" means "imprisoned in the county jail" if the maximum 
term prescribed for the offense is one year, does not apparently 
apply to this section, since by its terms G. C. § 12370 deals with the 
interpretation of part four only, the word "imprisoned" as used 
in this section means "Imprisoned in the county jail." Accordingly, 
G. C. § 4128 authorizes the court to commit offenders over sixteen 
years of age to the workhouse : Walton v. State, 3 Ohio App. 
97, 19 O. C. C. (N. S.) 452. 

General Code § 4128 authorizes the court to impose a sentence 
to the workhouse upon one who is convicted, under this section, of 
contributing towards the. delinquencv of a minor under seventeen 
years of age: Walton v. State, 3 Ohio App. 97, 19 O. C. C. (N. S.) 
452. 

In a prosecution for contributing to the delinquency of a 
minor, the affidavit, in order to charge a crime, must allege that the 
minor is under eighteen years of age, and is a delinquent within 
the meaning of the statute, and that the defendant is guilty of 
contributing to such delinquency: Willison v. State, 3 Ohio App. 
244, 21 O. C. C. (N. S.) 526. 

A person owning and conducting a house of ill-repute is 
guilty of contributing to the delinquency of a rninor under seven- 
teen years of age, where it is shown that such minor was admitted 
by a person apparently acting as a servant or employee and making 
no inquiry as to the age of the minor: Smith v. State, 14 O. C. C. 
(N. S.) 257, 24 O. C. D. 661. 

Where a person owns and conducts a house of ill-repute, the 
duty is imposed on her to know that those whom she permits 



6i4 



JUVENILE COURT 



in her house and to act apparently as her servants, shall obey the 
law, and in case they do not, she as principal and proprietor of the 
house, in which the delinquency occurs is liable to pay the penalty 
of the statute: Smith v. State, 14 O. C. C. (N. S.) 257. 24 
O. C. D. 661. 

Where a person is charged under this section with contributing 
to the delinqency of a minor under seventeen years of age, by 
renting a room to her for the purpose of illicit intercourse, and the 
testimony shows that the minor went there for that purpose, it is not 
error to permit testimony to be given as to the reputation of the 
house in which such room is located : Smith v. State, 14 O. C. C. 
(N. S.) 257, 24 O. C. D. 661. 

Where the charge of the court, taken in its entirety, is such 
that it is evident that the jury understood it in a manner so as to 
apply the law correctly, it will not be held erroneous, even though it 
contains some statements that are not strictly clear or proper: 
Smith V. State, 14 O. C C. (N. S.) 257, 24 O. C. D. 661. 

Where a fine has been imposed by a court against a defendant 
on his conviction of a criminal oitense, and the defendant dies 
before collection of such fine, or any part thereof, and before the 
same has been levied upon property of the defendant, such fine 
can not be collected from his estate after his death : State, ex 
rel., V. Keifer, 16 O. N. P. (N. S.) 41, 24 O. D. (N. P.) 321 
[affirmed by court of appeals, without opinion]. 

See Opinions of Attornev General as follows : 

(1917), p. 1586, cited under Sec. 1644. 

(1919), p. 320, cited under Sec. 1644. 



Failure or 
neglect to sup- 
port; penalty. 



Section 1655. Whoever is 



charged 



by law with the 
care, support, maintenance or education of a minor under 
the age of eighteen years, and is able to support or con- 
tribute toward the support or education of such minor, fails, 
neglects, or refuses so to do, or who abandons such minor, 
or who unlawfully beats, injures, or otherwise ill treats such 
minor, or causes or allows him or her to engage in common 
begging, upon complaint filed in the juvenile court, as pro- 
vided in this chapter, shall be fined not less than ten dollars, 
nor more than five hundred dollars, or imprisoned not less 
than ten days nore more than one year, or both. Such 
neglect, non-support, or abandonment shall be deemed to 
have been committed in the county in which such minor may 
be at the time of such neglect, non-support, or abandonment. 
Each day of such failure, neglect, or refusal shall constitute 
a separate offense, and the judge may order that such person 
stand committed until such fine and costs are paid. 

HISTORY.— 99 V. 196, § 15; 103 v. 864 (873). For an analogous statute, 
Bee R. S. §§ 548-36m, 548-47, 

Prosecutions for violations of section 1655 G. C, in the 
counties of Montgomery, Mahoning, Summit and Lucas, should be 
brought in the court of domestic relations for the reason that 
such court in those counties has been given exclusive jurisdiction in 
juvenile matters. Op. Atty. Gen. (1918), p. 257. 



Expense for 
return of ac- 
cused who has 
fled to an- 
other state. 



Section i 655-1. When a person charged with the 
violation of any provision of the foregoing section, has fled 
to another state, or territory, and the governor has issued 
a requisition for such person, the board of county com- 
missioners shall pay from the general expense fund of the 
county to the agent designated in such requisition, all 



JUVENILE COURT 615 

necessary expenses incurred in pursuing and returning such 
prisoner so charged. 
HISTORY.-109 V. 53. 

Section 1656. When a person is convicted and sen- provisions in 
tenced under this chapter for the abandonment of, or for the Z^^^ ®^ w^""^- 

J- . . ' , house sentence. 

neglect or, or failure to maintain or support a minor, to 
imprisonment in a workhouse, the county from which such 
prisoner is so sentenced, shall pay from the general revenue 
fund fifty cents, for each day such prisoner is so confined, 
to the chief probation officer of such county, to be by him 
expended, under the direction of the judge, for the main- 
tenance of the dependent minors of such prisoner, of which 
expenditure such officer shall make monthly reports to the 
judge. The county commissioners of such county shall 
make the allowances herein provided for, which shall be 
paid by the county treasurer from the county treasury upon 
the warrant of the county auditor in favor of such proba- 
tion officer. 

HISTORY.— 99 V. 196, § 16; 103 v. 86i (873). For an analogous statute, 
see R. S. § 548-36zc. 

Section 1657. Pending final disposiition of a case, the commitment 
judge may commit any person arrested or cited to appear, ^^jj'^^g^"*^ 
except the minor under fourteen years of age, to the. county 
jail until the case is disposed of, but such trial shall be com- 
menced with four days of such commitment unless upon 
the request of the defendant. Pending final disposition, the 
judge may direct that the minor in question be left in the 
possession of the person having charge of him, or that he 
be kept in some suitable place provided by the county or 
city authorities. , 

HISTORY.— 99 V. 196, § 17. For an analogous statute, see R. S. §§ 
548-361, 648-36n, 548-40, 548-46. 

A juvenile under fourteen years of age may not, pending 
final disposition of his case, be confined in a cell in the upper part 
of the county jail even though such cell is separate and apart 
from the county jail proper. Op. Atty. Gen. (1918), p. 1592. 

It is necessary that the trial of the accused, under the juvenile 
court laws, who has been committed pending the final disposition 
of the case, he commenced within four days of such commitment, 
unless otherwise requested by the defendant. Op. Atty. Gen. (1918), 
p. 160. ' , • 

Section 1658. If it appear upon the hearing that any citation or 
person not cited to appear, has probably abused or has aided, arrest ordered 
induced, caused, encouraged, or contributed to the aepend- 
ency, neglect or delinquency of a minor under the age of 
eighteen years, or acted- in a way tending to cause delin- 
quency in such minor, or that a person, charged by law, with 
the care, support, education and maintenance of any minor, 
has abandoned, failed, refused, or neglected, being able to 
do so, to support, or sufficiently contribute toward the sup- 
port, education and maintenance of such minor, the judge 
may order such person to be cited to appear at a subsequent 
day, or may issue a warrant to arrest such person as here- 



after hearing. 



6i6 



JUVENILE COURT 



Transfer of 
case to 
juvenile court. 



Writs, to 
whom issued. 



inbefore provided, and upon citation, warrant and hearing 
the same proceedings may be had as in the first instance. 

HISTORY.— 99 v. 196, § 18; 103 v. 864 (874). 

Section 1659. When a minor under the age of 
eighteen years is arrested, such child, instead of being taken 
before a justice of the peace or pohce judge, shall be taken 
directly before such juvenile judge ; or, if the child is taken 
before a justice of the peace or a judge of the police court, 
it shall be the duty of such justice of the peace or such judge 
of the police court, to transfer the case to the judge exercis- 
ing the jurisdiction herein provided. The officers having 
such child in charge shall take it before such judge, who 
shall proceed to hear and dispose of the case in the same 
manner as if the child had been brought before the judge in 
the first instance. 



HISTORY.— 99 V. 197, 
see R. S. §§ 548-36m, 548-46. 



19; 103 V- 864 (874). For an analogous statute, 



Proceedings in habeas corpus will not be allowed to take 
the place of proceedings in error. If a judgment in a criminal case 
is erroneous, but not absolutely void, it can not be collaterally- 
attacked. 

Habeas corpus will not lie to secure the discharge of a minor 
who was indicted for a felony and convicted in the court of' 
common pleas, but did not challenge the jurisdiction of the court 
until motion for new trial, or prosecute error, on the ground 
that he was under eighteen years of age and should have been first 
taken before the juvenile court, in .accordance with the provisions 
of Section 1659, General Code. Ex parte Pharr. 10 Ohio App. 
395. 

See Opinions of Attorney General as follows : 

(1919), p. 260, cited under Sec. 1643. 

(1917), p. 1914, cited under Sec. 1642. 

(1918), p. 257, cited under Sec. 1655. 

(1918), p. 341, cited under Sec. 1653-1. 

Section 1660. The summons, warrants, citations, 
subpoenas and other writs of such judge may issue to a pro- 
bation officer of any such court or to the sheriff of any 
county, and the provisions of law relating to the subpoenaing 
of witnesses in criminal cases shall apply in so far as they 
are applicable. 

HISTORY.— 99 V. 197, § 20; 103 v. 864 (874). 

A warrant of the court is not authority for the sheriff or 
probation officer to arrest a delinquent child outside the state 
of Ohio. There is no provision in law for the payment of the 
expenses of the sheriff or probation officer in pursuing and arresting 
such child outside the state. Op. Atty. Gen. (1918), p. 980. 

See Opinions of Attorney (General (1919), p. 1433, cited under 
Sec. 1682. 



Expense ; how 
paid. 



Section i66i. When a summons or warrant is issued 
to any such officer, the expense in pursuing and bringing the 
person named therein, before such judge, shall be paid by the 
county in the manner prescribed by law for the payment of 
deputies, assistants and other employes of county officers. 

HISTORY.— 99 V. 197, § 21; 103 v. 864 (874). 

See Opinions of Attorney General (1919), p. 1433, cited under 
Sec. 1682. ^ ■ 



JUVENILE COURT f 17 

Section 1662. The judge designated to exercise Probation 
jurisdiction may appoint one or more discreet persons of pfintment?' 
good moral character, one or more of whom may be a compensation: 
woman, to serve as probation officers, during the pleasure of °^ ^^' ' 
the judge. One of such offi^cers shall be known as chief 
probation officer and there may be one or more assistants. 
Such chief probation officer and assistants shall receive such 
compensation as the judge appointing them may designate 
at the time of the appointment; provided, however, that such 
compensation may be increased or decreased at any time by 
said judge, but the compensation of the chief probation officer 
shall not exceed three thousand dollars per annum and that 
of the assistants shall not exceed twenty-four hundred dol- 
lars per annum. The judge may appoint other probation 
officers, with or without compensation, when the interests 
of the county require it. 

The compensation of the probation officers shall be paid 
by the county treasurer from the county treasury upon the 
warrant of the county auditor, which shall be issued upon 
itemized vouchers sworn to by the probation officers and 
certified to by the judge of the juvenile court. The county 
auditor shall issue his warrant upon the treasury and the 
treasurer shall honor and pay the same, for all salaries, com- 
pensation and expenses provided for in this act, in the order 
in which proper vouchers therefor are presented to him. 

HISTORY.-99 V. 197, §§ 22, 40; 103 v. 864 (874); 107 v. 19; 108 v. Pt. I 
692; 108 v. Pt. II 1164; 109 v. 527. For an analogous statute, see R. S. §§ 
548-36i, 548-41. 

The probation officer may be directed by the juvenile court 
to take, juvenile delinquents to such places as they are by such 
court lawfully committed. 

For the performance of such services, such probation officer 
is not entitled to the fees provided 'by law for sheriffs in like 
cases. Op.Atty. Gen. (1919), p. 480. 

See Opinions of Attorney General as follows: 

(1918), p. 341, cited under Sec. 1653-1. 

(1917), p. 1361, cited under Sec. 1671. 

No. 2497, (1921), cited under Sec. 7769-1. 

Section 1663. When a complaint is made or filed Duties and 
against a minor, the probation officer shall inquire into and powers of 

° , . . ^^ . ... ,1: , . probation 

make examination and investigation into the facts and cir- officers, 
cumstances surrounding the alleged delinquency, neglect, 
or dependency, the parentage and surroundings of such 
minor, his exact age, habits, school record, and every fact 
that will tend to throw light upon his life and character. 
He shall be present in court to represent the interests of the 
child when the case is heard, furnish to the judge such in- 
formation and assistance as he may require, and tak6 charge 
of any child before and after the trial as the judge may 
direct. He shall serve the warrants and other process of the 
court within or without the county, and in that respect is 
hereby clothed with the powers and authority of sheriffs. 
He may make arrests without warrant upon reasonable 
information or upon view of the violation of any of the pro- 
visions of this chapter, detain the person so arrested pending 



6i8 



JUVENILE COURT 



the issuance of a warrant, and perform such other duties, 
incident to their offices, as the judge directs. All sheriffs, 
deputy sheriffs, constables, marshals and police officers shall 
render assistance to probation officers, in the performance 
of their duties when requested so to do. 

HISTORY.— 99 V. 198, § 23. For an analogous statute, see R. S. § 
548-361. 

See opinions of Attorney General as follows: 

(1919), p. 648, cited under Sec. 1642. 

(1919), p. 480, cited under Sec. 1662. 

(1918), p. 341, cited under Sec. 1653-1. 

Upon consideration therefore, it would seem conclusive that the 
duties of the officers considered are incompatible, and that a chief 
of police of a city may not lawfully perform the duties of a pro- 
bation officer, or receive the compensation of such an officer while 
acting in the capacity of chief of police. Op. Atty. Gen. No. 
2874, Feb. 20, 1922. 



Prosecuting 
attorney, 
duty of. 



Section 1664. On the request of the judge exercising 
such jurisdiction, the prosecuting attorney of the county 
shall prosecute all persons charged with violating any of the 
provisions of this chapter. 

HISTORY.-99 V. 198, § 24. 



Bail. 



Section 1665. The provisions of law relating to bail 
in criminal cases in the common pleas court shall apply to 
persons committed or held under the provisions of this 
chapter so far as they are applicable. 

HISTORY.— 99 V. 198, § 25. 



Suspension 
of sentence. 



Section 1666. In every case of conviction and where 
imprisonment is imposed as part of the punishment, such 
judge may suspend sentence upon such conditions as he 
imposes. 

HISTORY.— 99 V. 198, § 26. For an analogous statute, see R. S. §§ 
548-36Z, 548-36za. 



Forfeit of 
bond. 



Section 1667. When, as a condition of suspension of 
sentence, bond is required and given, upon the failure of a 
person giving such bond to comply with the terms and con- 
ditions thereof, such bond may be forfeited, the suspension 
terminated by the judge, the original sentence executed as 
though it had not been suspended, and the term of any jail 
or workhouse sentence imposed in such case shall commence 
from the date of imprisonment of such person after such 
forfeiture and termination of suspension. Any part of such 
sentence which may theretofore have been served, shall be 
deducted from any such period of imprisonment. 

HISTORY.- 99 V. 198, § 27. For an analgous statute, see R. S. § 
548-36zb. 



Error pro- 
ceedings. 



Section 1668. The provisions of the law relating to 
error proceedings from the court of common pleas, including 
the allowance and signing of bills of exceptions shall apply 
to prosecutions of persons over eighteen years of age under 
this chapter, and from the judgment of a judge of the court 
of common pleas in such prosecutions error may be prose- 



JUVENILE COURT 



619 



cuted to the circuit court of the county under laws governing 
prosecution of proceedings in error in other criminal cases 
to such circuit court; and from the judgment of a judge 
of the probate court in such prosecution, error may be prose- 
cuted to the common pleas court of the county under the 
laws governing prosecution of proceedings in error from the 
probate court to the court of common pleas. A petition in 
error shall not be filed either in the circuit court or court of 
common pleas except upon good cause shown, upon motion 
and notice to the prosecuting attorney, as in civil cases, or 
unless such motion is allowed by such courts. 

HISTORY.— 99 V. 198, § 28; 103 v. 405 (416); 103 v. 864 (875). 

While this section does not authorize proceedings in error in 
prosecutions of persons under seventeen, such omission does not 
confer upon the delinquent child the right to attack the judgment 
of the juvenile court collaterally by a proceeding in habeas corpus: 
In re Januszewski, 196 Fed. 123, 10 O. L. R. 151. 

Section 1669. The disposition of, or any order, judg- pin^^jngs^ not 
ment, or finding against a child under this chapter, or any lawful evi- 
evidence given in any proceeding thereunder, shall not in 
any civil, criminal or other cause or proceeding whatever in 
any court, be lawful or proper evidence against such child 
for any purpose whatever, except in subsequent cases herein 
against the same child. 

HISTORY.-99 V. 199, § 29. 

Section 1670. Upon the advice and recommendation ^^ ^ ,. 

c 1 ' ^ '..^1 ..... -Ill • 1 Detention 

of the judge exercising the jurisdiction provided herein, the home, how 
county commissioners shall provide by purchase or lease, a anl^iJfnducted. 
place to be known as a "detention home" within a con- 
venient distance of the court house, not used for the confine- 
ment of adult persons charged with criminal offenses, where 
delinquent, dependent or neglected minors under the age of 
eighteen years may be detained until final disposition, which 
place shall be maintained by the county as. in other like cases. 
In counties having a population in excess of forty thousand, 
the judge may appoint a superintendent and matron w^ho 
shall have charge of said home, and of the delinquent, de- 
pendent and neglected minors detained therein. Such super- 
intendent and matron shall be suitable and discreet persons, 
qualified as teachers of children. Such home shall be fur- 
nished in a comfortable manner an nearly as may be as a 
fmily home. So far as possible delinquent children shall 
be kept separate from dependent children in such home 
The compensation of the superintendent and matron shall be 
fixed by the county commissioners. Such' compensation and 
the expense of maintaining the home shall be paid from the 
county treasury upon the warrant of the county auditor, 
which shall be issued upon the itemized voucher, sworn to 
by the superintendent and certified by the judge. In all such 
homes the sexes shall be kept separate, so far as practicable. 

• history.— 99 V. 199, § 80; 103 v. 864 (875). 

Under sections 1670 and 1671 G. C, upon the advice and 
recommendation of the juvenile judge, the commissioners should 



620 



JUVENILE COURT 



Expenses 
detention 
home. 



provide, by purchase or lease, a detention home, and in counties 
having a population less than forty thousand the commissioners 
are authorized to provide the necessary persons to care for said 
home and for the children therein. Op. Atty. Gen. (1917), p. 1518. 

See Opinions of Attorney General as follows: 

(1919), p. 1433, cited under Sec. 1682. 

No. 2492, (1921), cited under Sec. 7676. 

of Section 1671. When such detention home is provided 

by the county commissioners, and upon such home being 
recommended by the judge, the commissioners shall enter 
an order on their journal transferring to the proper fund 
from any other fund or funds of the county, in their dis- 
cretion, such sums as may be necessary to purchase or lease 
such home and properly furnish and conduct it and pay the 
compensation of the superintendent and matron. The com- 
missioners shall likewise upon the appointment of probation 
officers, transfer to the proper fund from any other fund or 
funds of the county, in their discretion, such sums as may 
be necessary to pay them, and such transfers shall be made 
upon the authority of this chapter. At the next tax levying 
period, provisions shall be made for the expenses of the 
court. 

HISTORY.— 99 V. 199, § 30. 

The' proper fund mentioned in section 1671 General Code is 
considered to be a juvenile court fund from which all the expenses 
of the juvenile court is paid and such expenses include the salary 
of the probation officer. 

Section 1682 G. C. makes provision for the payment of all 
necessary incidental expenses of the juvenile court and its officers 
and the probation officer is considered an officer of such court. 
Op. Atty. Gen. (1917), p. 1361. 

See Opinions of Attorney General (1917), p. 1518, cited under 
Sec. 1670. 



When child is 
in temporary 
or permanent 
care and 
custody. 



Section 1672. If the court awards a child to the care 
of an institution, association, or a state board in accordance 
with the provisions of this and other chapters, the judge 
shall in the award or commitment designate whether it is for 
temporary or permanent care and custody. If for temporary 
care, the award or commitment shall not be for more than 
twelve months, and before the expiration of such period 
the court shall make other disposition of the matter, or re- 
comit the child in the same manner. During such period 
of temporary care the institution, association or state board 
to which such child is committed shall not place it in a 
permanent foster home, but shall keep it in readiness for re- 
turn to parents or guardian whenever the court shall so 
direct. At any time during such temporary custody the in- 
stitution or board to whom such child is committed, may, 
whenever there is an opportunity to place such child in a 
foster home by adoption, request the court to determine 
whether such commitment should be modified to include per- 
manent care and custody. Whenever a child is committed 
to the permanent care of an institution, association or a 
state board, it shall ipso facto come under the sole and ex- 
clusive guardianship of such institution, association or state 



Juvenile court 621 

board, whereupon the jurisdiction of the court shall cease 
and determine, except that such institution, association or 
board, to which such child is permanently committed may 
petition said 'court to make other disposition of such child 
because of physical, mental or moral defects. Such institu- 
tion, association or state board may place such child in a 
foster family home and shall be made a party to any proceed- Procedure 
ings for the legal adoption of the child. Assent on the part ^" adoption, 
of such institution, association or state board shall be suffi- 
cient to authorize the judge to enter the proper order or 
decree of adoption. In a similar manner the court may award 
a cliild to the care or guardianship of an individual, but such 
individual shall not place such child in the care of another 
person or assent to adoption except upon order of said 
juvenile court; such guardianship shall not include the 
guardianship of any estate of the child. For the purpose of Monthly re- 
information and co-operative supervision the juvenile court j'uven^Je court 
shall report monthly to the board of state charities the names 1° f^^^,? °.!-„, 

. . .. f .-' , . . . ^ . ^. . . . state chanties. 

of children committed to institutions and mdiviauals; pro- 
vided that such report shall not include a child coming under 
the supervision and custody of the court but permitted to 
remain with parents or guardian. The board of state 
charities shall prepare and furnish suitable blanks for such 
reports. 

HISTORY.— 99 V. 199. § 31; 103 v. 864 (876); 108 v. Pt. I 260. For an 
analogous statute, see R. S. §§ 548-36k, 548-44. 

An orphan asylum or children's home organized under the 
laws of this state may give consent to the adoption of an inmate 
thereon, provided it was voluntarily surrendered to the institution 
or was previously abandoned by its parents. In no case does a 
private institution for the care and support of minor children 
become the legal guardian of the inmates of the institution, and 
therefore has no authority to grant consent to the adoption of 
the inmates of the institution, excepting under the order of the 
juvenile court as set out in Section 1672 G. C. Op. Atty. Gen. 
(1918), p. 1598. 

Dependent children, temporarily committed by the juvenile 
court, to the care and custody of the iboard of state charities 
(now department of public welfare, division of charities), under 
the provisions of section 1672 G. C. may in turn be placed tem- 
porarily in the home of a mother or parent by said board under 
the provisions of section 1352-3 G. C. for a period of time not to 
exceed twelve months, subject to the court's approval, when the 
mother or parent is morally a fit custodian, and the home pro- 
vided by her is free from evil influences which i;nay be considered - 
detrimental to the child's welfare. 

Under the provisions of section 1352-4 G. C. the amount 
of hoard paid for the care of such child, and the expense of 
providing suitable clothing and personal necessities is chargeable by 
the board of state charities (now the department of public welfare, 
division of charities) to the county from which such child was 
committed, and the duty of the county treasurer, upon the warrant 
of the county auditor to pay such expense, is mandatory. " Op. Atty. 
Gen. No. 2900, Feb. 25, 1922. 

See Opinions of Attorney General (1919), p. 591, cited under 
Sec. 1643. 

Section 1673. The parents, parent, guardian or other A^eement 
person or persons having the right to dispose of a dependent rated ?nSu- 
or neglected child may enter into an agreement with any of"cWiJ.*^^" 



622 



JUVENILE COURT 



association or institution, incorporated under any law of 
this state which has been approved by the board of state 
charities as provided by law, for the purpose of aiding, 
caring for or placing in homes such children, or for the sur- 
render of such child to such association or institution, to be 
taken and cared for by such association or institution, or put 
into a family home. Such agreement may contain any and 
all proper stipulations to that end, and may authorize the 
association or institution, to appear in any proceeding, for 
the legal adoption of such child, and consent to its adoption. 
The order of the judge made upon such consent shall be 
binding upon the child and its parents, guardian or other 
person, as if such persons were personally in court and con- 
sented thereto, whether made party to the proceedings or 
not. 

HISTORY.— 99 V. 200, § 32; 103 v. 864 (876). For an analogous statute, 
see R. S. §§ 548-36r, 548-43. 



Agent of 
certain insti- 
tutions; duties 
of. 



Section 1674. The chief officer of the boys* industrial 
school, and of the girl's industrial school, and the manager 
of any other institution to which juvenile delinquents may be 
committed, shall, each, maintain agents of such institution, 
who shall examine the homes of children paroled for the 
purpose of reporting to such chief officer or manager, 
whether they are suitable homes, and assist children paroled 
or discharged from such institution in finding suitable em- 
ployment, and maintain a friendly supervision over paroled 
inmates. Such agents shall hold office subject to the pleas- 
ure of the chief officer or manager making the appointment 
Compensation, and shall receive such compensation as the Ohio board of 
administration may determine. 

HISTORY.— 99 V. 200, § 33; 103 v. 864 (876). For an analogous staute, 
see R. S. § 548-36o. 



Judge may 
require report 
from institu- 
tion. 



Section 1675. At any time the judge may require 
from an association receiving or desiring so to receive chil- 
dren, such reports, information and statements as he deems 
proper and necessary. He may at any time require from an 
association or institution, reports, information or state- 
ments concerning any child or children committed to it by 
him, under the provisions of this chapter. 

HISTORY.— 99 V. 200, § 34; 103 v. 864 (877). For an analogous statute, 
see R. S. §| 548-36p, 548-48. 



Associations of SECTION 1677. No association of another state, in- 

other states, corporated or otherwise, shall place a child in a family home 
within the boundaries of this state, either with or without 
indenture or for adoption, unless such association shall have 
. furnished the board of state charities with such guaranty 
as it may require that no child having a contagious disease, 
deformity, feeble mind or vicious character, shall be brought 
into this state by such association or its agents, and that 
such association will promptly receive and remove from 
the state, a child brought into the state by its agents, which 



JUVENILE COURl 623 

shall become a public charge, within the period of five 
years thereafter. 

HISTORY.— 99 V. 201, § 36; 103 v. 864 (877). For an analogous statute, 
see R. S. § 548-36s. 

Section 1678. Whoever violates any of the provisions penalty, 
of section 1677 shall be imprisoned in the county jail not 
more than thirty days, or fined not less than five dollars or 
more than one hundred dollars, or both, in the discretion of 
the judge. 

HISTORY.— 99 V. 201, § 36; 103 v. 864 (877). For an analogous statute, 
see R. S. § 548-36s. 

Section 1679. The judge in committing children shall Religious be- 
place them, so far as practicable, in the care and custody of ^'^^• 
an individual holding the same religious belief as such child 
or its parents, or with some association which is controlled 
by persons of like religious faith as such child or its parents. 

history.— 99 V. 202, § 37. For an analogous statute, see R. S. §§ 
548-36t, 548-50. 

Section 16S0. Nothing herein shall be construed to How chapter 
repeal any provision of law relating to the boys' industrial fo^lndus^trfai 
school or the girls' industrial school. schools. 

HISTORY.— 99 V. 202, § 38; 103 v. 864 (877). For an analogous statute, 
see R. S. § 648-36n. 

Section i68i. When any information or complaint ^i^^^ ^^iM is 
shall be filed against a delinquent child under these pro- charged with 
visions, charging him with felony, the judge may order such ^ °"^' 
child to enter into a recognizance, with good and sufficient 
surety, in such amount as he deems reasonable, for his ap- 
pearance before the court of common pleas at the next term 
thereof. The same proceedings shall be had thereafter upon 
such complaint as now authorized by law for the indictment, 
trial, judgment and sentence of any other person charged 
with a felony. 

HISTORY.— 99 v. 202, § 39. For an analogous statute, see R. S. § 
548-36zd. 

This section is discretionary and not mandatory, and a de- 
linquent child, charged with a felony, may be committed as pro- 
vided in G. C. § 1652 or recognized to the court of common pleas, 
subject to the requirements of the general criminal laws of the 
state, at the discretion of the juvenile judge: Leonard v. Licker, 
3 Ohio App. 377, 23 O. C. C. (N. S.) 442 [citing Prescott v. State, 
19 O. S. IM]. 

General Code § 1652 is not in conflict with this section. G. C. 
§ 1652 provides a different place for the confinement of delinquent 
children over sixteen years of age from the places of confinement 
to which other delinquent children may be committed, namely to the 
Ohio state reformatory; while this section provides that delinquent 
children of any age charged with a felony may be indicted and 
subjected to the provisions of the general criminal statutes: Leon- 
ard v. Licker, 3 Ohio App. 377, 23 O. C. C. (N. S.) 442 [citing 
Prescott V. State, 19 O. S. 184]. 

The provisions of the General Code relating to delinquent 
children are reformatory in their nature and not penal; accordingly, 
the provisions of G. C. § 1652, that, "where it appears upon the 
hearing that such delinquent child is sixteen years of age, or over, 
and has committed felony" he may be committed to the Ohio state 
reformatory, are not unconstitutional : Leonard v. Licker, 3 Ohio 



624 



JUVENILE COURT 



Fees and 
costs, how 
paid. 



Chapter to be 
liberally con- 
strued. 



App. 377, 23 O. C. C. (N. S.) 442 [citing Prescott v. State, 19 0. S- 
184]. 

Section 1682. Fees and costs in all such cases with 
such sums as are necessary for the incidental expenses of the 
court and its officers, and the expense of transportation of 
children to places to which they have been committed, except 
the fees of the court and the fees and expenses of the sheriff 
and his deputies, shall be paid from the county treasury upon 
specifically itemized vouchers, verified by oath and certified 
to by judge of the court. 



HISTORY.— 99 V. 202, § 40; 
gous statute, see R. S. § 548-36ze. 



108 V. Pt. II 1203 (1218). For an analo- 



There is no statutory authority for the purchase, with county 
funds, of an automobile for the use of a probation officer of the 
juvenile court. 

A probation officer may use his own automobile in the course of 
the performance of his official duties and be reimbursed, in the 
manner provided by section 1682 G. C, for the expense of gasoline 
and oil paid for by him in connection with such use of said 
automobile. Op. Atty. Gen. (1919), p. 1433. 

See Opinions of Attorney General as follows: 

(1919), p._260, cited under Sec. 1643. 

(1919), p. 480, cited under Sec. 1662. 

(1917), p. 1391, cited under Sec. 1671. 

(1918), p. 324, cited under Sec. 1652. 

(1918), p. 341, cited under Sec. 1653-1. 

Section 1683. This chapter shall be liberally con- 
strued to the end that proper guardianship may be provided 
for the child, in order that it may be educated and cared for, 
as far as practicable in such manner as best subserves its 
moral and physical welfare, and that, as far as practicable 
in proper cases, the parent, parents or guardian of such child 
may be compelled to perform their moral and legal duty in 
the interest of the child. 



HISTORY.- 

54&-36V, 548-36ze. 



V. 202, § 40. For an analogous statute, see R. S. 



See Opinions of Attorney General (1917), p. 1361, cited under 
Sec. 1671. 



Jurisdiction. SECTION 1 683- 1. The judgc designated to transact the 

business arising under the jurisdiction conferred in this 
chapter shall have jurisdiction of all misdemeanors against 
minors, and of offenses prescribed in sections nine hundred 
and twenty-eight, six thousand three hundred and forty- 
four, six thousand three hundred and forty-five, six thou- 
sand three hundred and seventy-three, twelve thousand six 
hundred and sixty-four, twelve thousand six hundred and 
sixty-six, twelve thousand seven hundred and eighty-seven, 
thirteen thousand and thirty-one, thirteen thousand and 
thirty-five, and thirteen thousand and thirty-eight. In all 
such cases any person may file with the clerk of the judge 
exercising the jurisdiction an affidavit, setting forth briefly, 
in plain and ordinary language, the charges againt the ac- 
cused, and he shall be tried thereon, and in such prosecu- 
tions an indictment by the grand jury or information by the 



JUVENILE COURT 

prosecuting attorney shall not be required. The judge shall 
forthwith issue his warrant for the arrest of the accused, 
who, when arrested, shall be taken before said judge, and 
tried according to the provisions of this chapter, and, if 
found guilty, shall be punished in the manner provided for 
by law. 

HISTORY.-102 V. 425. 



625 



MOTHERS PENSIONS 

Section 1683-2. For the support of women whose Mothers' pen- 
husbands are dead, or become permanently disabled by sions; who 
reason of physical or mental infirmity, or whose husbands allowance.^' 
are prisoners or whose husbands have deserted, and such 
desertion has continued for a period of three years, when 
such women are poor, and are the mothers of children not 
entitled to receive age and schooling certificates, and such 
mothers and children have a legal residence in any county 
of the state for two years,, the juvenile court may make an 
allowance to each of such women as follows : not to exceed 
thirty-five dollars a month when she has but one child not 
entitled to an age and schooling certificate, and if she has 
more than one child not entitled to an age and schooling 
certificate, it shall not exceed thirty-five dollars a month for 
the first child and ten dollars a month for each of the other 
children not entitled to an age and schooling certificate. 
The order making such allowance shall not be effective for 
a longer period than six months, but upon the expiration 
of such period, said court may, from time to time, extend 
such allowance for a period of . six months or less. Such visitation of 
homes shall be visited from time to time by a probation homes and 
officer, the agent of an associated charities organization, or ^^^°^ ' 
of a humane society as the court may direct, or in the ab- 
sence of such probation officer, society or organization in 
any county, the sheriff of said county shall make such visits 
as directed by the probate court ; provided that the person, 
other than the sheriff, who actually makes such visits, shall 
be thoroughly trained in charitable relief work, and the re- 
port or reports of such visiting agent shall be considered 
by the court in making such order for relief. 

HISTORY.— 106 V. 486; 103 v. 864 (877); 109 v. 70. 

A foster-mother is not a mother within the meaning of section 
1683-2 of the General Code relating to mothers' pensions. Op. 
Atty. Gen. (1920), p. 181. 

Under the provisions of the law relating to mothers' pensions, 
the widow of an unnaturalized person is entitled to a pension 
under the same conditions as is the widow of a naturalized citizen. 
Op. Atty. Gen. (1917), p. 268. 

The residence of a mother and her children for three years 
in one county of this state immediately prior to a residence of one 
month in another county of this state meets the requirement of 
section 1683-2 G. C., 103 O. L. 877, as to the mother and children 
having a legal residence in any county for two years, and if in all 
other respects qualified, the mother may be granted an allowance 
under said section in the latter county. Op. Atty. Gen. (1916), p. 
1549. 

40 s. L. 



626 JUVENILE COURT 

When a man, having a legal residence in this state, removes 
with his family to another state with no intention of making the 
latter state his home and with no intention of abandoning his 
residence in this state, he does not thereby lose his legal residence 
in this state by reason of an actual residence of four years in the 
state to which he removes. If, therefore, upon his death his wife 
and children return to their former home in this state they have the 
necessary qualifications as to residence required Iby section 1683-2, 
G. C, as amended 106 O. L., 436, providing for mothers' pensions. 
Op. Atty. Gen. (1916), p. 314. 

County commissioners are without authority to extend aid 
to children in their own homes rather than in children's homes 
established by counties. The proper place to care for children who 
may require such aid is in children's homes, the only exception 
being in the case of the awarding of relief under the Mothers' 
Pension Act, sections 1683-2 to 1683-9 G. C. Op. Atty. Gen. (1916), 
p. 713. 

See Opinions of Attorney General as follows: 
(1917), p. 334, cited under Sec. 1683-3. 
(1919), p. 52, cited under Sec. 1683-8. 

Conditions of SECTION 1683-3. Such allowance may be made by the 

allowance. juvetiile court, Only upon the following conditions: First, 

the child or children for whose benefit the allowance is 
made must be living with the mother of such child or chil- 
dren ; second, the allowance shail be made only when in the 
absence of such allowance, the mother would be required to 
work regularly away from her home and children, and when 
by means of such allowance she will be able to remain at 
home with her children, except that she may be absent for 
work for such time as the court deems advisable ; third, the 
mother must in the judgment of the juvenile court be a 
proper person, morally, physically and mentally for the 
bringing up of her children; fourth, such allowance shall 
in the judgment of the court be necessary to save the child 
or children from neglect and to avoid the breaking up of 
the home of such woman ; fifth, it must appear to be for the 
benefit of thechild to remain with such mother ; sixth, a care- 
ful preliminary examination of the home of such mother 
must first have been made under the direction of the court 
by the probation officer, the agent of an associated charities 
organization or humane society, or in the absence of such 
probation officer, society or organization in any county, the 
sherifif of such county shall make such investigations as the 
court may direct, and a written report of the result of such 
examination or investigation shall be filed with the juvenile 
court, for the guidance of the court in making or with- 
holding such allowance. 

HISTORY.— 106 V. 436; 103 v. 864 (878). 

Section 1683-3 G. C. authorizes the juvenile court to make an 
allowance to a mother when in the absence of such allowance she 
would be required to work regularly away from her home or when 
in the absence of such allowance she would be required to be 
engaged regularly in outside employment in her own home. Op. 
Atty. Gen. (1917), p. 532. 

(See Opinions of Attorney General (1917), p. 268, cited under 
Sec. 1683-2. 



JUVENILE COURT 



627 



Section 1683-4. Whenever any child shall reach the when allow 
age for legal employment, any allowance made to the mother ^"^g^g^^^^^ 
of such child for the benefit of such child shall cease. The 
juvenile court may, in its discretion, at any time before such 
child reaches such age, discontinue or modify the allowance 
to any mother and for any child. 

HISTORY.— 103 V. 864 (878). 

Section 1683-5. Should the fund at the disposal of Disposal of 
the court for this purpose be sufficient to permit an allow- fund when 
ance to only part of the persons coming within the pro- 
visions of this act, the juvenile court shall select those cases 
in most urgent need of such allowance. 

history.— 103 V. 864 (878). 



amount in- 
sufficient. 



Section 1683-6. The provisions of this act shall not xo whom act 
apply to any woman who, while her husband is imprisoned does not apply, 
receives sufficient of his wages to support the child or 
children. 

HISTORY.— 103 V. 864 (878). 

Section 1683-7. Any person or persons fraudulently Attempt to 
attempting to obtain any allowance for a person not entitled ance^" ^fiu'd- 
thereto, shall be deemed guilty of a misdemeanor and on penalty, 
conviction thereof, sha.ll be punished by a fine of not less 
than five nor more than fifty dollars, or imprisoned in the 
county jail, for a period of not less than two months, or 
both. 

HISTORY.- 103 V. 864 (878). 

Section 1683-8. In each case where an allowance is Record. of 
made to any woman under the provisions of this act, a p^'oceedmgs. 
record shall be kept of the proceedings, and any citizen of 
the county may, at any time, file a motion to set aside, or 
vacate or modify such judgment and on such motion said 
juvenile court shall hear evidence, and may make a new 
order sustaining the former allowance, modify or vacate the 
same, and from such order, error may be presecuted, or an 
appeal may be taken as in civil actions. If the judgment be Appeal; error, 
not appealed from, or error presecuted, or if appealed or 
error prosecuted, and the judgment of the juvenile court be 
sustained or eiffirmed, the person filing such motion shall 
pay all the costs incident to the hearing of such motion. 

HISTORY.— 103 V. 864 (878). 

The only court costs chargeable under the mothers' pension 
act are those incident to the hearing of the motion provided tor 
under section 1683-3 G. C. Opinion of former Attorney-General 
on this subject approved. Op. Atty. Gen. (1919), p. 52. 

Section 1683-9. It is hereby made the duty of the Provisions for 
county commissioners to provide out of the money in the mothers' pen- 
county treasury such sum each year thereafter as will meet levyf' 
the requirements of the court in these proceedings. To 



628 JUVENILE COURT 

provide the same they shall levy a tax not to exceed one- 
fifth of a mill on the dollar valuation of the taxable property 
of the county. Such levy shall be subject to all the limita- 
tions provided by law upon the aggregate amount, rate, 
maximum rate and combined maximum rate of taxation. 
The county auditor shall issue a warrant upon the county 
treasurer for the payment of such allowance as may be 
ordered by the juvenile judge. 

HISTORY.— 103 V. 864 (879); 108 v. Pt. I 624. 



CHAPTER 33 

BLIND, DEAF, CRIPPLED AND DEFECTIVE CHILDREN AND 
INSTITUTIONAL TRAINING 



OHIO COMMISSION FOR THE BLIND 

Section. 

1360. Ohio commission for the blind, ap- 

pointment and term of members. 

1361. Organization and compensation of 

appointees. 

1362. Expenses of commission. 

1363. Object of commission. 

1364. Duties of commission. 

1365. Visits to aged or helpless blind. 

1366. Schools and workshops. 

1367. Prevention of blindness. 

1368. Use of receipts and earnings. 

1369. Blind commission; annual report. 

STATE SCHOOL FOR THE BLIND 

1884. Who may be admitted to school for 

the blind. 

1885. Rules for admission of pupils. 
1885-1. Provision for further and higher 

education. 

1886. Persons received to learn trades, in 

certain cases may return. 

1887. Trustees may terminate course or 

dismiss pupils. 

1888. Non-residents admitted. 

1889. Trustees may purchase books. 

STATE SCHOOL FOR THE DEAF 

1872. Admission of pupils, age and time. 

1873. Admission of blind and deaf children. 

1874. Rules governing admission of blind 

and deaf. 
1875; Education of deaf and blind children 

at home. 
1876. When pupil may be returned to 

parents or guardian. 
1877.- What may be taught such pupils. 

1878. Management of classes. 

1879. Supervision of classes in trades and 

arts. 

1880. Binding for the state. 

1881. ' Monthly report of supervisor. 

INSTITUTION FOR DEFORMED AND 
CRIPPLED CHILDREN 

2073. Commission to select site; appoint- 

ment. 

2074. Duties of commission. 

2075. Equipment and furnishing of build- 

ing. 

2076. Who may be admitted to the institu- 

tion. 

2077. Deeds of land purchased. 

2078. Oath of office. 

2079. Expenses of commission. 
2080; Organization of commission. 

2081. Board of trustees, appointment, etc. 

2082. Control and management of institu- 

tion. 

DEPARTMENT OF PUBLIC WELFARE 

1352. Duties of the board. 

1352-1. Annual examination of institutions; 
certificate. 

1352-2. Certificate required before filing ar- 
ticles of incorporation. 

1352-3. Who may be received as wards; 

when guardianship transferred to 
board. 



Section. 

1352-4. What traveling expenses paid by 
county. 

1352-5. When delinquent children may be re- 
ceived as wards; commitment. 

1352-6. What "institution" and "associa- 

tion" shall include. 

1352-7. Credit of moneys paid. 

1352-8. When board shall provide treatment 
for crippled children; application to 
juvenile court; copy of decree; 
notice to court. 

1352-9. Contract for treatment; compensa- 
tion; clothing. 

1352-10. When child may be discharged or re- 
leased. 

135^11. When contracts of board may be 
terminated. 



INSTITUTIONS FOR THE FEEBLE- 
MINDED 

1891. Government and control of institu- 

tions for feeble-minded under Ohio 
board of administration. 

1892. Object and purpose of institutions; 

education and training. 

1893. Who may be admitted; procedure in 

admission or release; fees, costs, 
etc. 

1894. What children given preference. 

1895. Disposition of feeble-minded when 

board unable to provide care and 
custody. 

19(H-1. Additional institution for feeble- 
minded; location by Ohio board of 
administration. 

1904-2. Acquisition of land and construction 
of buildings authorized. 

1904-3. Appropriation. 

BOYS' INDUSTRIAL SCHOOL 

2083. Boys' industrial school; commitment; 

discharge. 

2084. Admission of youths to school. 
2084-1. What youths may be_ admitted to the 

boys' industrial training school. 

2084-2. Child committed under sole control 
of school. 

2091. Leave of absence of inmates. 

2094. Education of inmates in boys' in- 

dustrial school. 

GIRLS' INDUSTRIAL SCHOOL 

2101. Object of the school. 

2103. General charge of girls. 

2103-2. Woman physician for school. 

2106. Technical industrial school. 

2111. Board may transfer female convict 

to the school. 

2112. Detention and discharge. 

2115. Proceedings when girl under 

eighteen. 

BUREAU OF JUVENILE RESEARCH 

1841-1. What minors considered wards of the 

state. 
1841-2. "Bureau of juvenile research." 
1841-3. Board may assign children to bureau 

for examination and treatment. 



(629) 



630 



BLIND, DEAF, CRIPPLED AND DEFECTIVE CHILDREN 



Section. 

1841-4. Power of board to transfer minor 
from one institution to another. 

1841-5. Board may receive minor for observa- 
tion. 

1841-6. Expenses, fees and costs. 

lMl-7. (Time of taking effect). 

OHIO PENITENTIARY 

2195. Establishment of day school at peni- 

tentiary. 



Section. 

2195-1. Branches taught, 

2195-2. Optional branches or departments. 

2195-3. Designation of attendants and graded 
course of study. 

2195-4. Examination and promotion. 

2195-5. School work; school month; course 
of study. 

2195-6. Diminution of sentence for advance- 
ment in grades. 

2195-7. Prisoners may be assigned as teach- 
ers. 

2195-8. Monthly reports. 



OHIO COMMISSION FOR THE BLIND 

Ohio commis- SECTION 1360. There shall be a state board to be 

bHnd ^ app^oint- ^nown as the Ohio commission for the blind, consisting of 
ment'and term six members, One of whom shall be the superintendent of 
mem ers. ^-^^ state school for the blind and five shall be appointed by 
the governor. Each year the governor shall appoint a mem- 
ber of the commission who shall hold office for a term of 
five years. 

HISTORY.— 99 V. 362, § 1; 99 v. 362, § 2. 



Organization 
and compensa- 
tion of ap- 
pointees. 



Section 1361. The commission for the blind shall 
elect one of its members as president, who shall preside at 
its meetings and have power to call meetings when he 
deems it advisable,. The commission may appoint necessary 
officers and agents and fix their compensation within the 
limits of the annual appropriation, but no person so ap- 
pointed shall be a member of the commission. The com- 
mission may make its own by-laws. 



HI STORY. -99 



3; 99 v. 362, § 9. 



Expenses of 
commission. 



Section 1362. The members of the commission for 
the blind shall receive no compensation for their services, 
but their traveling and other necessary expenses incurred 
in the performance of their official duties, when approved 
by the president of the commission, shall be paid by the 
treasurer of state upon the order of the auditor of state. 

HISTORY.-99 v. 364, § 11. 



Object of com- SECTION 1 363. The commissiou for the blind shall act 

mission. ^g ^ bureau of information and industrial aid, the object of 

which shall be to assist the blind in finding employment and 

to teach them industries which may be followed in their 

homes. 



HISTORY.— 99 V. 



§ 5. 



Duties of 
commission. 



Section 1364. It shall- be the duty of the commission 
for the blind to prepare and maintain a complete register of 
the blind in the state which shall describe the condition, 
cause of blindness, capacity for educational and industrial 
training of each, and such other facts as the commission 
deerns of value. 

HISTORY.--99 v. 363, § 4. 



BLIND, DEAF, CRIPPLED AND DEFECTIVE CHILDREN 63 1 

Section 1365. The commission for the bHnd may visits to aged 
ameHorate the condition of the as^ed or helpless blind by °[. helpless 

• • 1 • 1 • 1 r 1 c blind. 

promotmg visits to them m their homes tor the purpose 01 
instruction and by such other lawful methods as the com- 
mission deems expedient. 

HISTORY.~99 V. 363, § 8. 

Section 1366. The commission for the blind may schools and 
establish, equip and maintain schools for industrial training workshops. 
and workshops for the employment of suitable blind per- 
sons, pay the employes suitable wages and devise means for 
the sale and distribution of their products thereof. The 
commission may also provide or pay for during their train- 
ing the temporary lodging and support of pupils or work- 
men received at any industrial schools or workshops estab- 
lished by it. 

HISTORY.— 99 V. 363, § 6; 99 v. 363, § 7. 

Section 1367. The commission for the blind shah Prevention of 
make inquiries concerning the cause of blindness to ascertain blindness, 
what portion of such cases are preventable and co-operate 
with the state board of health in the adoption and enforce- 
ment of proper preventive measures. 

HISTORY.— 99 V. 363, § 10. 

Section 1368. In furtherance of the purposes of this use of re- 
chapter, the commission for the blind shall have authority to ceipts and 
use any receipts or earnings that accrue from the operation 
of industrial schools and workshops as provided in this 
chapter, but a detailed statement of receipts or earnings and 
expenditures shall be made monthly to the auditor of state. 

HISTORY.— 99 V. 364, § 12. 

Section 1369. The commission for the blind shall ^^j^^ ^^^^ 
make an annual report to the governor of its proceedings mission; an- 
for each fiscal year. It shall embody therein a properly ""^ ^^^°^ ' 
classified and tabulated statement of its estimates for the 
ensuing year with its own opinion as to the necessity or ex- 
pediency of appropriation in accordance with such estimates. 
Such annual report shall also present a concise review of 
the work of the commission for the preceding year with 
such suggestions and recommendations f^r improving the 
condition of the blind as may be expedient. • 

HISTORY.— 99 V. 363, § 9; 101 v. 347. 

For the present statute with reference to the report^ of state officers, 
see G. C. § 2264-1. 

STATE SCHOOL FOR THE BLIND 

Section 1884. The trustees of the state school for the who may be 
blind may receive into the institution such blind and pur- admitted to 

,1.,-' ., (. . I ,1 ^ school for 

blind persons, residents 01 the state, as they and the super- the blind, 
intendent are satisfied, from reliable information and ex- 
amination, are suitable in age and mental capacity to re- 
ceive instructions by the methods therein pursued. No 



earnmgs. 



6^2 



BLIND^ DEAF, CRIPPLED AND DEFECTIVE CHILDREN 



Rules for 
admissoin of 
pupils. 



person shall be received who is addicted to immoral prac- 
tices, or affected with a contagious or offensive disease. 
Subject to the approval of the trustees, the superintendent 
may reject or discharge from the institution any person who 
has sight sufficient to read common print continuously. 

HISTORY.— R. S. § 665; 75 v. 150, § 12; S. & S. 48. 

Section 1885. The regular pupils must be at least six 
years of age, and none can be admitted under eight years of 
age, except for special reasons. Pupils admitted under the 
age of fourteen years may remain until the age of twenty- 
one years, and pupils admitted between the ages of four- 
teen and twenty-one years may remain for a period of 
seven years, if, in the judgment of the trustees, the char- 
acter, progress, capacity, and conduct of the pupil in each 
case justify so long a pupilage. 

HISTORY.— R. S. § 666; 75 v. 150, § 14; S. & S. 48. 



Provision for 
further and 
higher educa- 
tion. 



Section 1885- i. Subject to the approval of the Ohio 
board of administration, the superintendent may provide 
for the further and higher education of any pupils who in 
his judgment are capable of receiving sufficient benefit 
thereby to render them more efficient as citizens by ap- 
pointing readers for such persons to read from text-books 
and pamphlets used in their studies while in attendance as 
regularly matriculated students in any college, university, 
technical or professional school located in this state and 
authorized by law to grant degrees. 
. history.— 103 V. 474. 



Persons re- 
ceived to 
learn trades, 
in certain 
cases may 
return. 



Trustees may 
terminate 
course or dis- 
miss pupils. 



Section 1886. Persons over twenty-one years of age 
may be received for one year, for the purpose of learning 
a trade or employment taught in the mechanical depart- 
ment. They may also receive instruction in one or more 
studies, if this can be. done without interfering with the 
purpose for which they are admitted. In addition to the 
one year specified for those over twenty-one years of age, 
females over twenty-one years of age may be allowed to 
remain three years more, if their capacity renders it ad- 
visable. 

history.— R. S. § €67; 75 v. 150, § 14; S. & S. 48. 

Section 1887. Subject to the approval of the trustees, 
the superintendent may permit former pupils to return to 
the institution for a period not exceeding one year, for the 
purpose of reviewing or perfecting their studies, but not at 
an age beyond the oldest period provided for in this chapter. 
Upon the recommendation of the superintendent at any 
time, for a sufficient cause, the trustees may terminate the 
course of any pupil, and, subject to the approval of the 
trustees, he may dismiss any pupil for persistent disobedi- 
ence, immoral conduct, or other cause, that renders the 
person unfit to remain in the institution. 

HISTORY.— R. S. § 667; 75 v. 150, § 14; S. & S. 48. 



BLIND^ DEAF^ CRIPPLED AND DEFECTIVE CHILDREN 633 

Section 1888. Pupils, not residents of Ohio, may be Non-residents 
admitted if there is accommodation therefor, upon the pay- admitted. 
ment of such sums and upon such terms as the trustees 
determine. The money received from such pupils shall be 
paid to the steward, receipted for by him, and certified into 
the state treasury to the credit of the general revenue fund. 
The steward must keep a correct record of moneys so re- 
ceived by him in a book prepared for that purpose, which 
record shall be open for the inspection of any person wish- 
ing to examine it. 

HISTORY.— R. S. § 668; 75 v. 150, § 14. 

Section 1889. From appropriations for current ex- Trustees may 
penses, the trustees may expend an amount, not exceeding purchase 
six hundred dollars, each year, for the purchase of books, 
maps, and other educational appliance, from the American 
printing house for the blind, for the use of the institution, 
and gratuitous distribution among the indigent blind of the 
state, if the purchases can be made from that printing house 
at prices not exceeding the cost of their production. 

HISTORY.— R. S. § 669; 75 v. 150, § 16. 

state SCHOOL FOR THE DEAF 

Section 1S72. The state school for the deaf shall be Admission of 
open to receive such persons too deaf to be educated in the ^X^dm^e^^ 
public schools, residents of the state, as the trustees and 
superintendent deem, from reliable information and ex- 
amination, to be suitable persons to receive instruction, ac- 
cording to the methods therein employed. No person shall 
be received under seven years of age or remain longer than 
thirteen years. No person addicted to immoral habits or 
who has a contagious or offensive disease shall be received. 

HISTORY.— R. S. § 659; 99 v. 598; 92 v. 69; 82 v. 79; 75 v. 507, § 6; 
S. & S. 43§ S. & C. 182. 

Section 1873. The state school for the deaf shall Admission of 
also be open to receive such blind and deaf children, resi- ^}}J}^ ^"^ deaf 

, . ^ , , . , ' children. 

dents 01 the state, as the trustees and superintendent deem 
to be suitable persons to receive instruction therein. The 
superintendent may employ suitable teachers, and nurses, 
and make necessary arrangements for the instruction and 
care of blind and deaf children admitted. 

HISTORY.— R. S. § 659-1; 99 v. 598, § 1; 93 v. 75. . 

Section 1874. So far as applicable, the rules and Rules govren- 
regulations for the admission and education of the deaf o"/bfind^and" 
shall apply to the blind and deaf, but the trustees may use deaf, 
their discretion as to the age deaf-blind may be received and 
the time they may remain as pupils. 

HISTORY.— R. S. § 659-1; 99 v. 598, § 1; 93 v. 75. 

Section 1875. When deemed by them fit and proper. Education of 
the trustees shall provide for the education of a deaf and ^^^fiL^^^ ^^'"^ 
blind child at its home, and shall appoint and direct teachers home. 



634 



BLIND, DEAF, CRIPPLED AND DEFECTIVE CHILDREN 



therefor the same as when the child is placed in the in- 
stitution. 

HISTORY.— R. S. § 659-2; 93 v. 15, § 2. . 



When pupil 
may be re- 
turned to 
parents or 
guardian. 



Section 1876. Pupils admitted into the state school 
for the deaf may be permitted to remain such portion of 
thirteen years as their progress justifies. If at any time the 
trustees and superintendent determine that a child is not 
making sufficient progress in its school or industrial work 
to justify its continuance as a pupil, they may return it to 
its parents, guardian, or the infirmary of the county from 
which it came. No pupil admitted thereto from a county 
infirmary or who, after admission becomes a county charge, 
shall be sent to a county infirmary for the summer vacation. 

39 V. 313: 82 v. 79: 75 v. 



history.-r. s 

507, § 7; S. & S. 43. 



V. 599: 92 v. 



What may be 
taught such 
pupils. 



Section 1877. Shoemaking, printing, book-binding, 
cutting, fitting and making wearing apparel for females, 
and such other trades and arts as are found to be adapted 
to the capacities and wants of the deaf, shall be carried on 
and taught. The trustees in this behalf shall have regard to 
the good of the pupils and' the economical administration 
of the school. 

history.— R. S. § 661; 99 v. 599; 89 v. 313; 75 v. 507, § 9; S. & S. 43. 



Management 
of classes. 



Section 1878. From among the pupils, male and 
female, the superintendent shall assign such number from 
time to time as seems proper, organize them into classes, 
assign to each class such portions of each day as will best 
harmonize with their ordinary studies, and at the same time 
give sufficient opportunity to the teachers of trades and arts 
to attend to their instruction. The superintendent and 
teachers shall meet and consult monthly, make such change 
in the classes or order of instruction, and adopt such rules 
in regard thereto as experience suggests, subject to the ap- 
proval of the trustees. 



HISTORY.-R. S. § 662; 89 v. 313; 77 v. 



76 V. 507, § 10; S. & S. 45. 



Supervision of 
classes in 
trades and 
arts. 



Section 1879. The book-binding shall be under the 
supervision of the supervisor of public printing. The art 
of cutting, fitting and making wearing-apparel for females 
shall be under the supervision of the matron, who shall 
assign to classes in such arts from the female pupils such 
number, from time to time, as seems proper, arranging their 
classes, as provided for in the teaching of other arts and 
trades. 

HISTORY.-R. S. § 662; 89 v. 313; 77 v. 169; 75 v. 507, § 10; S. & S. 45. 



Binding for 
the state. 



Section 1880. As far as practicable, the book-binding 
for the state shall be done at this institution, and the super-- 
visor of public printing shall have reference to this object 
in the organization of the business and preparation for 
work. When the book-binding is let to others, the super- 



BLIND, DEAF, CRIPPLED AND DEFECTIVE CHILDREN 635 

visor may arrange with the contractors to do any part of the 
work in addition to the work for the state then let, that can 
be done at the institution on proper terms. If fair rates 
can not be had from such contractors to employ the pupils 
engaged in this department, the supervisor may contract 
for and perform other binding. 

HISTORY.— R. S. § 663; 77 v. 169, 170; 75 v. 507, § 11; S. & S. 45. 

Section i88i. The supervisor shall, monthly, render Monthly re- 
an account to the auditor of state of moneys earned by this p?rt of super- 
department, and pay into the state treasury moneys received 
therefrom. In his annual report, he shall state particularly 
the capacity of the department with reference to the work 
required by the state. 

HISTORY.— R. S. § 663; 77 v. 169, 170; 75 v. 507, § 11; S. & S. 45. 
institution for DEFORMED AND CRIPPLED CHILDREN 



Section 2073. ^ commission composed of the gov- co 



mmission 



ernor, auditor of state and three persons resident of the to select site; 

' , . , , ,- ^ - , appointment. 

State, to be appointed by the governor, not more than three 
members of which commission shall belong to one political 
party, is hereby established, and on behalf of the state is 
directed to select from lands now owned by the state of 
Ohio; or, in event no lands suitable for the purpose are 
available; then, to select and. purchase a tract of land, in 
this state, which tract shall be of such size as the commission 
deems advisable, and which shall be suitable for. the location 
of a state institution, to be known and designated as the 
Ohio institution for the treatment and education of de- 
formed and crippled children. 

HISTORY.— R. S. § 781-39; 98 v. 57, § 1; 107 v. 146. 

Section 2074. The commission shall adopt plans and Duties of 
specifications, prepare estimates of cost and construction, commission, 
accept donations, let contracts for and cause to be con- 
structed on such lands the necessary buildings and structures, 
at a total cost not to exceed the amount appropriated for 
that purpose, for the medical and surgical treatment and 
polytechnic and literary education, of the indigent crippled 
and deformed children of the state, under the age of eighteen 
years. 

HISTORY.— R. S. § 781-39; 98 v. 57, § 1; 107 v. 146. 

Section 2075. The commission is also directed to pur- Eq^jp^ent 
chase and provide all equipments, fixtures, appliances and and furnishing 
furnishings for such land, buildings and structures and to ° "' ^"^" 
make contracts, employ an architect and other agents and 
employes as it deems proper and necessary to carry into 
effect the provisions and purposes of this chapter. 

HISTORY.-R. S. § 781-39; 98 v. 57, § 1. 

Section 2076. The institution is founded for the pur- ^vho may be 
pose of carinsf for, treatino^ and schoolino^ the crippled and admitted to 

o IT i the institution. 

deformed children of the state, that they may be aided to 



6^6 



BLIND, DEAF, CRIPPLED AND DEFECTIVE CHILDREN 



live in physical comfort and be self-sustaining citizens 
rather than lifelong charges upon the public. Children ad- 
missable to the institution shall be apportioned among the 
several counties of the state in proportion to population as 
shown by the next preceding federal census, but each county 
shall be entitled to at least two enrollments therein at all 
times. 

HISTORY.-R. S. § 781-S9; 98 v. 57, § 1. 



Deeds of land 
purchased. 



Section 2077. The deeds of land purchased in pur- 
suance of this chapter shall be executed in the name of the 
state and recorded in the records of deeds in the county 
wherein they are situated. 



HISTORY.-R. S. § 781-40; 



58, § 2. 



Oath of office. SECTION 2078. Before entering upon the duties of 

their office the members of the commission appointed by the 
governor, shall take and subscribe an oath or affirmation, 
faithfully to discharge all the duties required of them by 
this chapter. 



HISTORY.— R. S. § 781-41; 98 v. 58, § 3. 



Expenses of 
commission. 



Section 2079. The members of the commission shall 
be allowed their traveling and other necessary expenses in- 
curred in the discharge of their duties. The accounts of 
expenditures, including expenses of the commission, when 
certified to by the president and secretary thereof, shall be 
audited ^nd allowed by the auditor of state. 

HISTORY.-R. S. § 781-42; 98 v. 58, § 4. 



Organization 
of commission. 



Section 2080. The commission shall organize by 
electing a president and a secretary who shall be members 
of the commission. The commissioners may make such 
rules and regulations as they deem proper. A majority of 
the members shall constitute a quorum for the transaction 
of business. 



HISTORY.-R. S. § 781^3; 



V. 58, § 5. 



Board of 
trustees, ap- 
pointment, etc. 



Section 2081. When the buildings and structures 
under the provisions of this chapter are so far completed 
that in the opinion of the commission they properly may be 
used for the purpose of such institution, with the advice 
and consent of the senate, the governor shall appoint a 
board of trustees therefor to consist of six members, not 
more than three of whom shall be of the same political 
party, for one, two, three, four, five and six years, respec- 
tively, from the date of their appointment. Thereafter one 
member shall be appointed each year for a term of six years. 
Vacancies occurring in the board shall be filled in like 
manner. 



HISTORY.-R. S. § 781-44; 



V. 58, § 6. 



BLIND, DEAF, CRIPPLED AND DEFECTIVE CHILDREN 



637 



Section 2082. The control and management of the control and 
institution shall be vested in the board of trustees in accord- ^/"nftiTJtion 
ance with the general provisions of law relating to state 
benevolent institutions, which provisions so far as applicable 
shall apply to such board. 

HISTORY.— R. S. § 781-45; 98 v. 59, § 7. 

Section 8 of this act, 98 v. 57, appropriated $50,000 to carry out these 
provisions. 

See, also, G. C. § 1833. 

DEPARTMENT OF PUBLIC WELFARE 

Section 1352. The board of state charities shall in- Duties of 
vestigate by correspondence and inspection the system, con- t^e board, 
dition and management of the public and private benevolent 
and correctional institutions of the state and county, and 
municipal jails, workhouses, infirmaries and childrens homes 
as well as all institutions whether incorporated, private, or 
otherwise, which receive and care for children. Officers 
in charge of such institutions or responsible for the admin- 
istration of public funds used for the relief and maintenance 
of the poor shall furnish the board or its secretary such in- 
formation as it requires. The board may prescribe such 
forms of report and registration as it deems necessary. For Employment 
the purpose of such investigation and to carry out the pro- °^ visitors, 
visions of this chapter it shall employ such visitors as may 
be necessary, who shall, in addition to other duties, investi- 
gate the care and disposition of children made by institutions 
for receiving children, and by all institutions including 
within their objects the placing of children in private homes, 
and, when they deem it desirable they shall visit such chil- 
dren in such homes, and report the result of such inspection 
to the board. The members of the board and such of its Attending na- 
executive force as it shall designate may attend state and tionai con- 
national conferences for the discussion of questions perti- 
nent to their duties. The actual traveling expenses so in- 
curred by the members and such of its executive force as 
it shall designate shall be paid as provided by section 1351 
of the General Code. 

HISTORY.— R. S. § 656; 93 v. 106; 77 v. 227; 73 v. 166, § 2; S. & S. 51; 
103 v. 864 (865); 108 v. Pt. I 46. For analogous sections, see P. & A. Code 
§ 1828, which was 90 v. 349, § 1; P. & A. Code § 1829, whicn was 99 v. 349, 
§ 2; and P. & A. Code § 1830, which was 99 v. 350, § 3. 

May order removal of aged or infirm deaf and dumb from county in- 
firmary to a home for aged and infirm, deaf and dumb persons, see G. C. § 
10191. 

Section i 352-1. Such board shall annually pass upon Annual exam- 
the fitness of every benevolent or correctional institution, ination of in- 
corporation and association, public, semi-public or private as certificate. 
receives, or desires to receive and care for children, or 
places children in private homes. Annually at such times as 
the board shall direct, each such institution, corporation or 
association, shall make a report, showing its condition, 
management and competency, adequately to care for such 
children as are, or may be committed to it or admitted 
therein, the system of visitation employed for children placed 
in private homes, and such other facts as the board requires. 



638 



BLIND, DEAF, CRIPPLED AND DEFECTIVE CHILDREN 



List of certi- 
fied institu- 
tions fur- 
nished juve- 
nile courts. 



Penalty. 



Certificate re- 
quired before 
filing articles 
of incorpora- 
tion. 



When the board is satisfied as to the care given such chil- 
dren, and that the requirements of the statutes covering the 
management of such institutions are being comphed with, it 
shall issue to the association a certificate to that effect, which 
shall continue in force for one year, unless sooner revoked 
by the board. No child shall be committed by the juvenile 
court to an association or institution which has not such 
certificate unrevoked and received within fifteen months 
next preceding the commitment. A list of such certified in- 
stitutions shall be sent by the board of state charities, at least 
annually, to all courts acting as juvenile courts and to all 
associations and institutions so approved. Any person who 
receives children or receives or solicits money on behalf of 
such an institution, corporation or association, not so certi- 
fied, or whose certficate has been revoked, shall be guilty 
of a misdemeanor, and fined not less than $5.cx) nor more 
than $500.00. 

HISTORY.— 103 V. 864 (865). 

There is no statutory duty imposed upon the iboard of state 
charities to prosecute violation of section 1352-1 G. C. for receiving 
children or soliciting money on behalf of an institution not having 
the certificate of the board, enabling it to assume the care of 
children, but in the nature of the case it is appropriate for the 
department to enforce the observance of this law and inaugurate 
prosecution for its violation. Op. Atty. Gen. (1918), p. 359. 

Section 1352-2. No association whose object may em- 
brace the care of dependent, neglected or delinquent chil- 
dren or the placing of such children in private homes shall 
hereafter be incorporated unless the proposed articles of in- 
corporation shall have been submitted first to the board of 
state charities. The secretary of state shall not issue a 
certificate of incorporation unless there shall first be filed 
in his office the certificate of the board of state charities that 
it has examined the articles of incorporation, and that in its 
judgment the incorporators are reputable and respectable 
persons, and that the proposed work is needed, and the 
incorporation of such association is desirable and for the 
public good. Amendments proposed to the articles of in- 
corporation of any such association shall be submitted in like 
manner to the board of state charities, and the secretary of 
state shall not record such amendment or issue his certicate 
therefor unless there shall first be filed in his office the 
certificate of the board of state charities that it has ex- 
amined such amendment, that the association in question is, 
in its judgment, performing in good faith, the work under- 
taken by it, and that such amendment is, in its judgment, a 
proper one, and for the public good. 

HISTORY.— 103 V. 864 (866). P. & A. Ann. G. C. § 1676 was repealed 
in 103 V. 684 (913), § 2; and re-enacted as G. C. § 1352-2, which was 103 v. 
864 (866). 



Who may be 
received as 
wards; when 
guardianship 
transferred to 
board. 



Section 1352-3. The board of state charities shall, 
when able to do so, receive as its wards such dependent or 
neglected minors as may be committed to it by the juvenile 
court. County, district, or semi-public children's homes or 



BLIND, DEAF, CRIPPLED AND DEFECTIVE CHILDREN 



639 



any institution entitled to receive children from the juvenile 
court or the board of administration may, with the consent 
of the board, transfer to it the guardianship of minor wards 
of such institutions or board. If such children have been 
committed to such institutions or to the board of admin- 
istration by the juvenile court that court must first consent 
to such transfer. The board shall thereupon ipso facto 
become vested with the sole and exclusive guardianship of 
such child or children. The board shall, by its visitors, seek Homes for 
out suitable, permanent homes in private families for such wards; duties 
wards ; in each case making in advance careful investigation 
of the character and fitness of such home for the purpose. 
Such children may then be placed in such investigated 
homes upon trial, or upon such contract as the board may 
deem to be for the best interests of the child, or proceed- 
ings may be had, as provided by law, for the adoption of the 
child by suitable persons. The board shall retain the guard- 
ianship of a child so placed upon trial or conti-act during its 
minority, and may at any time, if it deem it for the best 
interest of the child, cancel such contract and remove the 
child from such home. The board, by its visitors, shall visit 
at least twice a year all the homes in which children have 
been placed by it. Children for whom on account of some 
physical or mental defect it is impracticable to find good, 
free homes may be so placed by the board upon agreement 
to pay reasonable board therefor. The board shall provide 
needed clothing and personal necessities for such children. 
When necessary any children so committed or transferred 
to the board may be maintained by it in a suitable place until 
a proper home is found. So far as practicable children shall 
be placed in homes of the same religious belief as that held 
by their parents. The traveling expenses in connection with 
the placing of such children in homes, the amount of board, 
if any, and expenses for clothing and personal necessities 
and for mental, dental and optical examination and treat- 
ment shall be paid out of funds appropriated to the use of 
the board by the general assembly. 



Clothing and 
maintenance. 



HISTORY.— 103 V. 864 (866); 108 v. Pt. II 1158. For analogous sec- 
tions, see P. & A. Code § 2547, which was R. S. § 976; 93 v. 266; 83 v. 196, 
197; 73 V. 233, § 26; 102 v. 433; P. & A. Code § 3101, which was R. S. § 931d; 
80 V. 1C2; and P. & A. Code § 3102, which was R. S. § 931d; 80 v. 102. 

In cases where the Board of State Charities transfers its 
wards to the Soldiers' and Sailors' Orphans' Home, the guardianship 
of the board, as provided in section 1352-3 G. C, does not cease. 

^ When children are transferred from a county, district or 
semi-public children's home, or other institution, to the Board of 
State Charities, there is no provision of law whereby said children 
may be re-transferred by the Board of State Charities to the district 
home or other institution from which they came. Op. Atty. Gen. 
(1918), p. 1249. 



Section 1352-4. The actual traveling expenses of any ^hat travel- 
dependent, neglected, crippled or delinquent child and of ing expenses 
the agents and visitors of said board shall be paid from county! 
funds appropriated to said board, but the amount of board, 
if any, paid for the care of such child and the expense for 



640 



BLIND^ DEAF_, CRIPPLED AND DEFECTIVE CHILDREN 



providing suitable clothing and personal necessities, mental, 
medical, surgical, dental and optical examination and treat- 
ment, including massaging and other beneficial treatment 
and braces, artificial limbs and accessories and their upkeep 
and for the education when necessary of a crippled child, 
shall be charged by the board of state charities to the county 
from which such child was committed or transferred as 
provided in sections 1352-3, 1352-5 and 1352-8. The treas- 
urer of each county, upon the warrant of the county auditor, 
shall pay to the treasurer of state the amount so charged 
upon the presentation of a statement thereof. The sum so 
received by the treasurer of state shall be credited to the 
fund appropriated for the purpose of maintaining the child 
placing work of the board, 

HISTORY.— 10s V. 864 (867); 106 v. 500 (502); 108 v. Pt. II 1158; 109 v. 
362. 

See Opinions of Attorney General No. 2900, p. (1922), cited 
under Sec. 1672. 



When delin- 
quent children 
may be re- 
ceived as 
wards; com- 
mitment. 



Section 1352-5. The board of state charities may 
when willing to do so, receive as its wards with all the 
powers given it by section 1352-3 of the General Code de- 
linquent children committed to it by a juvenile court or from 
any institution to which such children may be committed 
by the juvenile court or assigned by the board of adminis- 
tration. Such children shall be placed by it in homes in 
accordance with the provisions of section 1352-3 of the 
General Code. Before making such commitment the court 
may make an order that the parent or parents of such child 
shall pay the board of state charities, periodically, reason- 
able sums for the maintenance of such child, which orders, 
upon the disobedience thereof, may be enforced by attach- 
ment as for contempt. If originally committed to such in- 
stitution by the juvenile court, the court must first consent 
to the transler of such child to the board of state charities. 
Said court may in such cases make an order that the parents 
or guardians pay for its maintenance in the same manner as 
if such child had been originally committed to said board. 

Provided that if the board of state charities find it im- 
practical)le to ,so place such child, it shall at its discretion 
have the right to surrender such child to the court, institu- 
tion or board of administration from which it was received. 

HISTORY.— 103 V. 864 (867); 108 v. Pt. II 1168 (1159). 

See Opinions of Attorney General (1919), p. 673, cited under 
Sec. 1642. 



What "insti- 
tution" and 
"association" 
shall include. 



Section 1352-6. For the purpose of this chapter the 
words ''institution" and "association" shall include any in- 
corporated or unincorporated organization, society, associa- 
tion or agency, public or private, which may receive or care 
for children ; any individual who, for hire, gain, or reward, 
receives or cares for children, unless he is related to them 
by blood or marriage; and also any individual not in the 
regular employ of a court, or of an institution or associa- 



BLIND, DEAF, CRIPPLED AND DEFECTIVE CHILDREN 64I 

tion certified in accordance with section 1 352-1, who in 
any manner becomes a party to the placing of children in 
foster homes, miless he is related to such children by blood 
or marriage, or is the duly appointed guardian thereof. 

HISTORY.— 108 V. Pt. I 140; 108 v. Pt. II 1167. 

Section 1352-7. Whenever the board of state Credit of 
charities receives moneys for board from an individual moneys paid, 
liable therefor under sections 1352-5 and 1653 o^ ^^^ Gen- 
eral Code the same shall be paid to the treasurer of state 
and credited to the fund appropriated for the purpose of 
maintaining the child placing work of the board. 

HISTORY.— 106 V. 500 (503); 108 v. Pt. II 1158 (1159). 

Section 1352-8. In order to provide suitable medical when board 
and surp-ical treatment, and education when necessary, of f^^^l provide 

I ,^ t ., i 1 1- ^ .. '' treatment for 

crippled children whose parents or guardians fail or are crippled chii- 
financially unable to provide such treatment, the board of upn"'to^^-uve-' 
state charities is authorized and empowered to receive into ^^^ ^oi^de- 
its custody such children. Application for such care, treat- cree; notice 
ment, and education, shall first be made to the juvenile *° ^°"*'*' 
court by a parent, guardian or some interested person. If 
such court is of the opinion that such child is in need of 
treatment and education, and finds that the parent or guard- 
ian fails to provide it, he may make an order to that end; 
or if the parent or guardian is financially unable to pay all 
or a part of the expense of such treatment, the court shall 
make a proper finding and decree. In either case the court 
shall at once forward a copy of the decree and a statement of 
facts to the board of state charities, and such board shall, 
when able to do so under this act, accept such child for care 
as hereinbefore provided. Upon receipt of notice from such 
board that such child can be given suitable treatment the 
court shall then commit such child to such board and pro- 
vide for its conveyance in charge of a suitable person to 
the place designated by such board for treatment. The 
expenses for conveyance shall be paid by the county or by 
the parent or guardian as the court may direct. Such com- 
mitment shall be temporary and shall be only for the period 
necessary for the treatment of such child. 

HISTORY.— 108 V. Pt. I 134; 109 v. 362. 

Section 1352-9. The board of state charities shall Expenses of 
arrange for the treatment and education of crippled children mlnt-^how'^^**" 
committed to it by the juvenile court. The expenses for paid.' 
board, clothing and personal necessities and for mental, 
medical, surgical, dental, and optical examination and. treat- 
ment, including massaging and other beneficial treatment 
and braces, artificial limbs and accessories and their upkeep, 
and for education when necessary shall be paid out of funds 
appropriated to the use of the board of state charities by 
the general assembly ; but the board of state charities may 

U s. L. 



642 



BLIND^ DEAF^ CRIPPLED AND DEFECTIVE CHILDREN 



Supervision of 
children by 
board; visits, 
reports. 



require parents or guardians to pay the state for such ex- 
penses when in its judgment such action is just. Such 
board shall exercise close supervision over such crippled 
children while patients in such hospitals and may at any 
time terminate any contracts so made when in its judgment 
such action should be taken. Each child shall be visited 
as frequently as necessary and proper by a representative 
of such board who shall prepare and present to the board 
a written report concerning the progress of such patient. 



HISTORY.— 108 V. Pt. 1; 134 (135); 109 



362. 



When child 
may be dis- 
charged or 
released. 



Section 1352-10. Whenever it appears that a crippled 
child has been successfully treated, or that it cannot be 
further benefited by such treatment, the board shall order 
its discharge and thereupon its guardianship and responsi- 
bility shall cease. After such child has been in the care of 
the board of state charities in accordance with this act for 
more than one year the parent or guardian, with the ap- 
proval of the juvenile court, may cause its release from the 
supervision of the board of state charities. 

HISTORY.-IO8 V. Pt. I 134 (136) ; 109 v. 362. 



When con- 
tracts of 
board may be 
terminated. 



Section 1352-11. After the Ohio institution for the 
treatment and education of deformed and crippled children 
is established and ready for the treatment of such children 
the board of state charities may terminate all contracts made 
under this act [G. C. §§ 1352-8 to 1352-11] and transfer 
such children under its care to such institution, unless such 
institution cannot care for all such children who are eligible 
for admission. 

HISTORY.-IO8 V. Pt. I 134 (136). 



institutions for the feeble minded 



Government 
and control of 
institutions 
for feeble- 
minded under 
Ohio board of 
administration. 



Section 1891. The Ohio board of administration, 
hereinafter designated as the board of administration or the 
board, shall manage and govern the institutions for the 
feeble-minded and shall have full power and authority here- 
after to establish, manage, govern and maintain additional 
institutions for the feeble-minded whenever the necessary 
funds therefor have been appropriated by the general as- 
sembly and are available for such purpose. The board of 
administration shall have the power and authority, also, to 
provide for the custody, supervision, control, care, main- 
tenance and training of feeble-minded persons committed 
to its custody and care, arid to pay, in the manner provided 
by law, the expense thereof out of any funds available 
therefor. 



HISTORY.— R, S. § 671; 75 v. 541, § 5; 106 v. 5; 108 v. Pt. I 552. 



bLiND, DEAF, CRIPPLED AND DEFECTIVE CHILDREN 643 

Section 1892. The object of the institutions for the object and 
feeble-minded shall be to receive, detain, care for and main- purpose of in- 

r 1 1 • 1 1 -11 1 1 stitutions; edu- 

tam leeble-mmded persons committed to the custody and cation and 
care of the board of administration and to train and educate *'"^'"'"^- 
such of them received as are capable of being trained end 
educated, so as to render them more comfortable, happy 
and less burdensome to society. The inmates of the institu- 
tion shall be furnished such agricultural and mechanical 
education as they are capable of receiving and as the facil- 
ities furnished by the state will allow. Such other training 
as the board and the superintendent deem necessary and 
useful for the welfare of the inmates, and as tending to their 
proper employment, or as contributing to their development, 
discipline and support, from time to time, may be added. 

HISTORY.— R. S. § 672; 7'5 v. 541, § 6; 108 v. Ft. I 552. 



Section 1893. Feeble-minded persons of any age, -^^0 may be 
whether public charges or not, shall be admitted to the in- admitted; 
stitutions for the feeble-minded, provided such persons are admi^ssiS? Tr 
of such inoffensive habits as to make them, in the judg- costsretcf^^^' 
ment of the board of administration, proper subjects for 
care and discipline. Such persons shall be committed to the 
board of administration and admitted to the institutions for 
the feeble-minded in the same manner and by like proceed- 
ings as are provided for the commitment and admission of 
insane persons to the state hospitals for the insane ; and the 
provisions of chapter 7, division II, title V, part first of the 
General Code governing and regulating the admission and 
commitment to, and conveyance and escort to and from the 
state hospitals for the insane, the clothing, traveling ex- 
penses, care and maintenance of persons adjudged insane, 
the arrest and return of escaped insane patients, the release 
of insane patients from the hospitals for the insane on 
habeas corpus, and the record of inquests of lunacy to be 
made and kept by the probate judge, shall apply to and 
govern the commitment, custody, care, support, maintenance 
and release of the feeble-minded, and the same fees, costs 
and expenses that are allowed and paid in lunacy cases shall 
be allowed, taxed and paid for similar services in all pro- 
ceedings related to feeble-minded persons. Provided, how- 
ever, that the medical certificates mentioned in section 1957 
of the General Code shall not, when the same relate to feeble- 
minded persons, be void after ten days, as stated in said sec- 
tion. When they relate to feeble-minded persons, said certi- 
ficates shall be valid for an indefinite period. 

HISTORY.— R. S. § 673; 75 v. 541, § 7; 108 v. Pt. I 552 (553). 

Section 1894. In the reception of feeble-minded per- ^^^^ children 
sons into the institutions for the feeble-minded, preference piven 
and priority, so far as practicable shall be given to feeble- p''^^^''^'''^^- 
minded children who are delinquent or dependent, as defined 
in sections 1644 and 1645, respectively, of the General Code. 
No prior or separate proceedings under the juvenile court 
act as provided in chapter 8, title IV, part first of the Gen- 



644 



BLliSTD, DEAF^ CRIPPLED ANt) DEFECTIVE CHILDREN 



Disposition of 
feeble-minded 
when board 
unable to pro- 
vide care and 
custody. 



Additional in- 
stitution for 
feeble-minded; 
location by 
Ohio board 
of administra- 
tion. 



Acquisition of 
land and con- 
struction of 
buildings au- 
thorized. 



eral Code shall be necessary, however, to the institution of 
proceedings and commitment to the board of administration 
for admission to the institutions for the feeble-minded, of a 
delinquent or dependent feeble-minded child under the age 
of eighteen years. 

HISTORY.— R. S. § 674; 75 v. 541, § 8; 108 v. Ft. I 552 (553). 

Section 1895. If by reason of the incapacity of the 
institutions for the feeble-minded to receive additional in- 
mates, the board of administration is unable to provide for 
the custody and care of any feeble-minded person, said 
board shall forthwith notify the judge of the probate court 
in which the proceedings for the commitment of such feeble- 
minded person are pending, of its inability to receive such 
feeble-minded person. The probate judge shall thereupon 
take such action and make such order as he may deem 
necessary and advisable to provide for the detention, super- 
vision, care and maintenance of said feeble-minded person 
until such time as he may be received in an institution for 
the feeble-minded. 

HISTORY.— R. S. § 674a; 93 v. 209, § 1; 108 v. Pt. I 552 (553). 

Section 1904-1. In addition to the institution for 

feeble-minded, an additional institution of the state for the 
custody, supervision, control, care, maintenance and training 
of feeble-minded persons committed to the custody and care 
of the Ohio board of administration shall be established 
and located, in the northern or in the southern part of the 
state, at such point as the Ohio board of administration 
may determine to be most suitable therefor and best adapted 
to the public convenience and welfare, having regard to the 
location of the present institution for feeble-minded, the 
centers of population in the northern and southern parts of 
the state, respectively, the availability of land suitable for 
such institution, and due economy in the acquisition of de- 
sirable site, provided, however, that nothing herein con- 
tained shall prevent the Ohio board of administration in its 
discretion from receiving in any of the institutions for 
feeble-minded, feeble-minded persons committed to its cus- 
tody and care from any county in the state. 

HISTORY.-IO8 V. Ft. I 430, § 1. 

Section 1904-2 The Ohio board of administration 
shall proceed forthwith to acquire by purchase, gift, lease, 
or appropriation the necessary real estate for the said in- 
stitution and thereon to estabHsh, construct, furnish and 
equip such building or buildings and such other improve- 
ments and facilities as it may deem necessary and proper for 
the custody and care of the feeble-minded. In the procuring 
of plans and specifications and in the letting of contracts 
for the construction, equipment and furnishing of said build- 
ing or buildings and of the said improvements and facilities, 
as well as in the supervision of the construction, equipment 
and furnishing of the same and in the disbursement of the 



BLIND, DEAF, CRIPPLED AND DEFECTIVE CHILDREN 645 

funds hereinafter appropriated therefor, the Ohio board of 
administration shall observe and be governed by all and 
singular the provisions of law relative and pertinent to the 
purchase and acquisition of land, the construction, equip- 
ment and furnishing of such building or buildings, and the 
disbursement of funds therefor by said board; provided, 
however, that the Ohio board of administration with the 
unanimous approval of the state building commission and 
whenever said commission may deem it more economical 
so to do, may construct, in whole or in part, any of such 
buildings or other improvements, and may purchase or 
furnish such materials, supplies, and labor for the construc- 
tion, equipment, and furnishing of said buildings, improve- 
ments, and facilities as it may deem necessary or advisable, 
in which event the provisions of section 2314 to 2330 of the 
General Code, both inclusive, shall not apply. 

HISTORY.— 108 V. Pt. I 430, § 2. 

Section 1904-3. The sum of six hundred and fifty Appropriation, 
thousand dollars is hereby appropriated out of any moneys 
in the state treasury to the credit' of the general revenue 
fund, not otherwise appropriated, to be used and disbursed 
by said Ohio board of administration for the purchase of 
land for the site of said additional institution for the feeble- 
minded, the making of the necessary improvements thereon, 
and the construction, equipment and furnishing of such 
suitable building or buildings as the Ohio board of admin- 
istration may find necessary. 

HISTORY.-IO8 V. Pt. I 430 (431), § 3. 

boys' INDUSTRIAL SCHOOL 

Section 2083. The boys' industrial school, situated Boys' in- 
in the county of Fairfield, shall be maintained for the in- dustriai 

1 . , I-' . ,1 1 ' . . ^ , , . , . school; com- 

dustrial and intellectual trammg of those admitted to its mitment; dis- 
care. All youths committed thereto by the courts shall be *^^^^s^- 
committed until twenty-one years of age, unless sooner re- 
leased by the school for satisfactory behavior and progress 
in training. The power to receive and discharge students 
and regulate their training and instruction shall be vested 
exclusively in the controlling administration department 
and the school shall be subject to such inspection as may 
be provided by law. 

history.— R. S. §§ 752, 764a; 93 v. 311; 83 v. 6; 82 v. 64; 76 v. 60. § 
7; 82 V. 141; 109 v. 523. 

Section 2084. Male youth, not over eighteen nor Admission of 
under ten years of age having normal mental and physical ^cToof *° 
capacity for intellectual and industrial training may be com- 
mitted to the boys' industrial school by the juvenile courts 
upon a finding of delinquency as designated by the laws for 
juveniles. No youth having a contagious or infectious 
disease shall be so committed. 

HISTORY.— S. & S. 388; R. S. § 753; 62 v. 30; 75 v. 60, § 8; 78 v. 167: 
83 V. 6, 7; 103 v. 864 (879) ; 109 v. 523. 

The amendment in 103 v. 864 (879) in effect July 1, 1914. 



646 



BLIND, DEAF, CRIPPLED AND DEFECTIVE CHILDREN 



What youths SECTION 2084-1. Male youth, not over eighteen nor 

mft^ed^to^'the ^^^er ten years of age, having normal, mental and physical 

boys' industrial Capacity for intellectual and industrial training may be ad- 

raining sc 00 . j^j^^-g^^ ^^ ^|^g boys' industrial training school under such 

regulation governing tuition, maintenance and discipline as 

the controlling board may provide. Funds collected for the 

maintenance of youth so admitted shall be turned into the 

state treasury for the use of the school. 

HISTORY.— 109 V. 523. 



Child com- 
mitted under 
sole control 
of school. 



Section 2084-2. When a child has been received by 
the boys' industrial school under the provisions of this or 
other chapters on commitment by a juvenile court, or by 
transfer or assignment by the board, sole control of said 
child shall be in the school and the power and jurisdiction 
of the court shall cease. 



HISTORY.- 



V. 523. 



Leave of ab- 
sence of in- 



Section 2091. The board shall establish rules and 
regulations under which inmates of the school may be al- 
lowed to go upon leave of absence until finally discharged. 
No inmate shall be given leave of absence, discharged or 
transferred from the school except upon the written recom- 
mendation of the superintendent. The board shall desig- 
nate the number of field officers who may be employed to 
establish proper supervision over inmates on leave of 
absence. 

HISTORY.— R. S. § 757b; 97 v. 23; 103 v. 864 (880); 109 v. 523. 



Education of 
inmates in 
boys' indus- 
trial school. 



Section 2094. The inmates of the school shall receive 
such education, and be instructed in such branches of in- 
dustry, agricultural or mechanical, or otherwise, as the board 
determines, their reformation and preparation for useful- 
ness being kept in view in the administration of the institu- 
tion. For this purpose the board may introduce and carry 
on any branches of industry that are thought to be con- 
ducive to these ends. 

history.— R. S. § 760; 83 v. 6, 7; 75 v. 60, § 15. 



Object of the 
school. 



girls' industrial school 

Section 2101. The girls' industrial school shall be for 
the instruction, employment and reformation of evil-dis- 
posed, incorrigible, and vicious girls. 

. HISTORY.— R. S. § 765; 75 v. 144, § 1; 103 v. 864 (881). 



General charge 
of girls. 



Section 2103. With such subordinate officers as the 
chief matron shall appoint, the chief matron shall have the 
general charge and custody of the girls. She shall be a 
constant resident at the school, and under the direction of 
the Ohio board of administration, shall discipline, govern, 
instruct, employ, and use her best endeavors to reform the 
girls in such manner as, while preserving their health, and 



BLIND, DEAF, CRIPPLED AND DEFECTIVE CHILDREN 



647 



promoting the proper development of their physical system, 
will secure, as far as possible, the formation of moral and 
industrial habits, and regular thorough progress and im- 
provement in their studies, trades and employments. 

HISTORY.— R. S. § 779; 75 v. 144, § 16; 103 v. 864 (881). 



Section 2103-2. Subject to the approval of the board, 
the chief matron of the girls' industrial school shall appoint 
a capable and experienced woman physician who shall reside 
at the school. She shall give the necessary medical attention 
to the inmates and also have charge of their instruction in 
physiology, hygiene and physical culture. The board shall 
fix the salary which shall not be less than twelve hundred 
nor more than eighteen hundred dollars per year. 

HISTORY.— 102 V. 307, § 1; 103 v. 864 (881). 



Woman physi- 
cian for 
school. 



Section 2106. In addition to the school for instruc- 
tion, the board shall institute and maintain, at such school a 
technical industrial school in which the inmates shall be 
taught the various lines of manual skill of such character 
as to prepare them to perform the skilled labor required to fit 
them for self-support when released therefrom. Such school 
shall be maintained at least ten months each year, and be 
under the direction and management' of a competent prin- 
cipal and a trained corps of teachers. The principal must 
be a graduate of Pratt's institute or some technical and in- 
dustrial school, or college, of equal rank and standing, and 
be versed in the principles of manual, industrial and tech- 
nical training. 

HISTORY.-R. S. § 781a; 98 v. 182, § 1; 103 v. 864 (882). 



Technical in- 
dustrial school. 



A girl under the age of eighteen years Board 



school. 



oECTION 21 1 1. X i. 5^1. J. i^±ivi.v.x cxxv, c^g,^ wx >^x^xxL^x^ij. j^i^xo jtsoard may 

sentenced to imprisonment in the penitentiary, county jail c'ffiJ^v^ct^o^^the^^ 
or other penal institution, at any time after such sentence 
and before the expiration thereof, may be transferred to the 
girls' industrial school, on the written order of the Ohio 
board of administration, to serve the unexpired part of the 
sentence. Such transfer shall be made, if it shall be made 
to appear that it will be conducive to her reformation, and 
not prejudicial to the school. The chief matron of the 
school shall receive such girl so transferred, and if she finds 
at any time that the best interest of the school requires a 
return of such girl to the penal institution from which she 
came, she may so recommend to the board, which is em- 
powered to order the return of such girl. 

HISTORY.— R. S. § 772; 67 v. 24, § 1; 94 v. 114; 103 v. 864 (882). 

Section 21 12. A girl, duly committed to the school j^^^gj^ti^^ ^^, 
shall be kept there, disciplined, instructed, employed and discharge. 
governed under the direction of the board, until she is either 
thought to be reformed or discharged, or bound out by the 
chief matron according to the by-laws of the institution, or 
has attained the age of twenty-one. Provided that the board 
may discharge a girl as a reward of merit three months 



648 



BLIND, DEAF, CRIPPLED AND DEFECTIVE CHILDREN 



before she attains the age of twenty-one years. With the 
approval of the governor, after a full statement of the 
cause, the board may discharge and return to the parents, 
guardian, or juvenile court of the county from which she 
was committed, who may place her under the care of the 
infimary superintendent of the county, any girl whom the 
board thinks ought to be removed from the school. In such 
case it shall enter upon its record the reason for her dis- 
charge, a copy of which, signed by the secretary, shall be 
forthwith transmitted to the juvenile court of the county 
from which the girl was committed. 

HISTORY.— R. S. § 773; 75 v. 144, § 10; 79 v. 84; 86 v. 180; 91 v. 102; 
97 V. 259; 103 v. 864 (882). 

Proceedings SECTION 21 1 5. When a girl between nine and eighteen 

und" S^hteen y^^^^ ^^ ^S^ ^^ brought before a court of criminal jurisdic- 
' tion, charged with an offense, punishable by a fine or im- 
prisonment other than imprisonment for life and who, if 
found guilty, would be a proper subject for commitment to 
the school, the court, by warrant or order, shall cause her 
forthwith to be taken before the judge of the juvenile court 
of the proper county, and shall transmit to him the com- 
plaint, indictment, or warrant, by virtue of which she was 
arrested. Such judge of the juvenile court shall proceed in 
the same manner as if she had been brought before him 
upon original complaint. 

HISTORY.— R. S. § 774; 75 v. 144, § 11; 94 v. 114; 103 v. 864 (883). 



What minors 
considered 
wards of the 
state. 



Guardianship 
of. 



"Bureau of 
juvenile re- 
search." 



BUREAU OF JUVENILE RESEARCH 

Section 1841-1. All minors who in the judgment of 
the juvenile court, require state institutional care and guard- 
ianship shall be wards of the state, and shall be committed 
to the care and custody of "The Ohio board of administra- 
tion," which board thereupon becomes vested with the sole 
and exclusive guardianship of such minors. 

HISTORY.— 103 V. 175. The same General Code section number (§ 
1841-1), was given by the legislature to 108 v. 175, and by the attorney gen- 
eral to 103 V. 681, § 1. The section number given by the legislature has been 
retained and the number of the other section has been changed to G. C. 
[§ 1841-8J. 

Section 1841-2. The "The Ohio board of administra- 
tion" shall provide and maintain a ''bureau of juvenile re- 
search," and shall employ competent persons to have charge 
of such bureau and to conduct investigations. 

HISTORY.— 103 V. 175. The same General Code section number (§ 
1841-2), was given by the legislature to 103 v. 175, and by the attorney gen- 
eral to 103 V. 681, § 2. The section number given by the legislature has been 
retained and the number of the other section has been changed to G. C 
[§ 1841-9]. 



Board may as- 
sign children 
to bureau for 
examination 
and treatment. 



Section 1841-3. The "The Ohio board of administra- 
tion" may assign the children committed to its guardian- 
ship to the "bureau of juvenile research" for the purpose of 
mental, physical and other examination, inquiry or treat- 
ment for such period of time as such board may deem neces- 
sary. Such board may cause any minor in its custody to be 



BLIND, DEAF, CRIPPLED AND DEFECTIVE CHILDREN 



649 



removed thereto for observation and a complete report of Report, 
every such observation shall be made in v^^riting and shall 
include a record of observation, treatment, medical history, 
and a recommendation for future treatment, custody and 
maintenance. The "The Ohio board of administration" or 
its duly authorized representatives shall then assign the child Assignment 
to a suitable state institution or place it in a family under °f '=^^^^- 
such rules and regulations as may be adopted. 

HISTORY.— 103 V. 175. The same General Code section number (§ 
1841-3), was given by the legislature to 103 v. 175, and by the attorney gen- 
eral to 103 V. 681, § 3. The section number given by the legislature has been 
retained and the number of the other section has been changed to G. C. 
[§ 1841-10]. 

Where the juvenile court commits a dependent or delinquent 
child to the care and custody of the department of public 
welfare and said department assigns said child to the bureau of 
juvenile research for the purpose of mental or physical examination, 
the director of public welfare may then assign and transfer such 
child from said bureau of juvenile research to the division in the 
department of public welfare known as the division of charities, 
and no consent on the part of said division of charities, as such, 
is necessary to such assignment or transfer. 

Likewise held that the consent of the -juvenile court to such 
assignment or transfer is also unnecessary. Op. Atty. Gen. No. 
2996, Apr. 15, 1922. 

Section 184 1-4. Any minor having been committed to Power of 
any state institution may be transferred by such 'The Ohio board ,to trans- 
board of administration" to any other state institution, from. one in- 
whenever it shall appear that such minor by reason of its 
delinquency, neglect, insanity, dependency, epilepsy, feeble- 
mindedness, or crippled condition or deformity, ought to be in 
another institution. Such board before making transfer 
shall make a minute of the order for such transfer and the 
reason therefor upon its record, and shall send a certified 
copy at -least seven days prior to such transfer, to the per- 
son shown by its records to have had the care or custody of 
such minor immediately prior to its commitment ; provided, 
that, except as otherv^ise provided by law, no person shall 
be transferred from a benevolent to a penal institution. 

HISTORY.— 103 V. 175 (176). The same General Code section number (§ 
1841-4), vi^as given by the legislature to 1C3 v. 175, and by the attorney gen- 
eral to 103 v. 681, § 4. The section number given by the legislature has been 
retained and the number of the other section has been changed to G. C 
[§ 1841-11]. 



stitution to 
another. 



Record and 
reasons there- 
for. 



Section 184 1-5. The *'The Ohio board of administra- g^^^.^ ^^y. ^.g. 
tion" may receive any minor for observation from any ceive minor 
public institution other than a state institution, or from any timi.° ^^^^^' 
private charitable institution or person having legal custody 
thereof, upon such terms as such board may deem proper. 

HISTORY.— 103 v. 175 (176). The same General Code section number (§ 
1841-5), was given by the legislature to 103 v. 175, and by the attorney gen- 
eral ot 103 v. 681, § 5. The section number given by the legislature has been 
retained and the number of the other section has been changed to G. C. 
[§ 1841-12]. 



Expenses, fees 



Section 1841-6. Each county shall bear all the ex- 
penses incident to the transportation of each child from such aTndTosrs. 
county to such ''bureau of juvenile research," together with 



650 



[Time of tak- 
ing effect.] 



BLIND, DEAF^ CRIPPLED AND DEFECTIVE CHILDREN 

such fees and costs as are allowed by law in similar cases, 
which fees, costs and expenses shall be paid from the county 
treasury upon itemized vouchers certified to by the judge of 
the juvenile court. 

HISTORY.— 103 V. 175 (176). 

Section 1841-7. The provisions of this act [G. C. §§ 
1841-1 to 1841-6] shall become valid on and after the first 
day of July, 1914. 

HISTORY.— 103 V. 175 (176). 



OHIO PENITENTIARY 

Establishment SECTION 2195. The Ohio board of administration may 

of day school establish, at the penitentiary, an elementary day school for 

at penitentiary. l j • j xi ^ x. 

uneducated prisoners, and cause the same to be so con- 
ducted as to afford to such prisoners, so far as practicable, 
the advantages of a common school education. To that end 
it may employ a competent and efficient superintendent of 
the school and such number of assistants and teachers as, in 
its opinion, may be deemed necessary. The board may pro- 
vide school rooms and necessary furniture, books, stationery, 
supplies and apparatus. 

HISTORY. — 103 V. 273, § 1. This section is not analogues to original 
G. C. § 2195, which was R. S. § 7402; 73 v. 36, 37, §§ 7, 14; S. & S. 515; and 
which was repealed in 102 v. 211, § 41. 



Branches 
taught. 



Optional 
branches or 
departments. 



Section 2195-1. The branches of education which 
shall be taught in such school shall be reading, spelling, 
writing, arithmetic and English grammar. 

HISTORY.— 108 V. 273 (274). § 2. 

Section 2195-2. The board may establish and main- 
tain manual training, domestic science and commercial de- 
partments. The nature of alcoholic drinks and other nar- 
cotics, and their effects on the human system, may be in- 
cluded in the branches to be regularly taught, and instruction 
and training may be given in such other branches as rhay, 
from time to time, be directed by the board. 

history.— 103 V. 273 (274), § 3. • 



Designation 
of attendants 
and graded 
course of 
study. 



Section 2195-3. The superintendent, having regard 
to previous education and intellectual capacity, shall desig- 
nate the prisoners who shall attend such school. He shall 
prescribe a graded course of study in branches named in 
section two, and classify and regulate, and prescribe tests 
for the promotion of prisoners according to attainments 
from one grade to another. He shall assist and direct the 
teachers in the performance of their duties and perform such 
other functions as the board may determine ; and he shall, 
with the approval of the board, prescribe rules and regula- 
tions for the management and government of the school. 

HISTORY.— 103 V. 273 (274), § 4. 



BLIND, DEAF, CRIPPLED AND DEFECTIVE CHILDREN 



651 



Section 2195-4. Examinations may be held for pro- Examination 
motion and the questions for examination for such promo- ^nd promo- 
tion shall be uniform and prepared under the direction of 
the superintendent. Only such prisoners as receive, on ex- 
amination, an average grade of seventy percentum, with no 
grade less than fifty percentum, in any branch, shall be 
passed. 

HISTORY.-103 V. 273 (274), § 5. 

Section 2195-5. Such school [shall] be held not less school week; 
than two hours each (;lay, Sundays excepted. A school week ^^ll ^°"t^5 
shall consist of six days and a school month of four school study. 
weeks. A course of study shall consist of not less than four 
recitations a week, continued for a period of forty weeks. 
The school shall be classified into such number of grades as 
the superintendent shall prescribe. 

HISTORY.— 103 V. 273 (274), § 6. 

Section 2195-6. A prisoner, other than one sentenced Diminution of 
for life, attending such school; shall be entitled to one month advlTcemen^ 
diminution of his sentence for each advancement in grade, in grades. 
which diminution shall not be forfeited or taken away be- 
cause of a violation of any rule of discipline or for any other 
cause. The record in the school of a prisoner sentenced 
for life shall be given special consideration in an application 
for pardon, parole or commutation of sentence. 

HISTORY.— 103 V. 273 (274), § 7. 

Section 2195-7. Educated prisoners may be assigned prisoners may 
to duty as teachers in such school. The board of admin- ^^ assigned 
istration shall adopt rules for the diminution of the sentence 
of such teachers, and the time so gained under such rules 
shall not be forfeited or taken away for any cause. 

HISTORY.— 103 V. 273 (274), § 8. 

SECTION 2195-8. The superintendent shall make Monthly 
monthly reports to the board of administration with respect ports, 
to the management and progress of the school and as to all 
matters under his supervision. 

HISTORY.— 103 V. 273 (275), § 9. 



as teachers. 



CHAPTER 34 
OHIO SOLDIERS' AND SAILORS' ORPHANS' HOME 



Section. 



1931. 

1981-1. 

1932. 

1932-1. 

1933. 
1934. 

1935. 
1936. 
1937. 



Ohio soldiers' and sailors' orphans* 

home. 
Providing board of trustees for O. S. 

and &. O. home. 
What children may be admitted to 

. the home. 
Admission of children of members of 

O. N. G. 
How long may remain at the home. 
Apportionment admitted from each 

county. 
Clerk; appointment, bond. 
What schools shall be established. 
Curriculum of studies. 
The institution to be made a model 

school. 



Section. 



1939. 

1940. 

1^1. 

1942. 
1943. 
1944. 

1945. 

1946. 
1946-3. 

1946^. 



Purchase of books, tools, etc.; dis- 
position of products. 

Pupils may select trade or occupa- 
tion. 

Duties of superintendent as to 
certain pupils. 

Monthly report of superintendent. 

Information as to discharged pupils. 

Trustees may place inmate in private 
family. 

Support of children entitled to ad- 
mission outside of institution. 

Salaries of officers and employes. 

Superintendent, guardian of the 
estate of minors. 

Additional bond of superintendent. 



Ohio soldiers* 
and sailors' 
orphans* 
home. 



Section 1931. There shall be be an institution under 
the name of 'The Ohio Soldiers' and Sailors' Orphans 
Home," which shall be a place for the care and education 
of children of deceased and disabled soldiers and sailors. 

HISTORY.— R. S. § 676; 94 v. 88; 91 v. 217; 84 v. 40; 76 v. 171, § 3. 

Children of soldiers and sailors of the present war may be 
admitted into the home upon the same conditions as the children 
of soldiers and sailors of the civil war or the Spanish- American 
war. Op. Atty. Gen. (1918), p. 489. 



Section 193 i-i. There shall be a board known as the 
Board of Trustees of the Ohio Soldiers' and Sailors' Or- 
phans' Home, who shall have charge and custody of the 
Ohio Soldiers' and Saidors' Orphans' Home at Xenia, Ohio, 
which said board shall consist of five members. The gov- 
ernor, with the advice and consent of the senate shall ap- 
point the members of such board upon the passage of this 
act ; one for 'five years, one for four years, one for three 
years, one for two years, one for one year, and thereafter 
each year the governor, with the advice and consent of the 
senate, shall appoint, for the Ohio Soldiers' and Sailors' 
Orphans' Home at Xenia, Ohio, one trustee, who shall serve 
for a term of five years from the ensuing first Monday in 
April. A vacancy in the office of trustee occasioned by ex- 
piration of term, removal or otherwise shall be filled in the 
same manner as the original appointment, and shall be for 
the remainder of the term. At any time the governor may 
remove any trustee with the advice and consent of the sen- 
ate. During the recess of the senate he may suspend any 
trustee but shall report his action to the senate at its next 
session, and, if the senate so advise and consent, such trustee 
shall be removed, but otherwise he shall be restored to his 
office. The governor shall designate a person to perform the 
duties of the suspended trustee during such suspension. The 
nomination by the governor and confirmation by the senate 
of a person to take the place of a trustee in office, shall be 
a removal of such trustee. 

(652) 



OHIO soldiers' and sailors' orphans' home 



653 



Such board shall govern, conduct and care for such 
home, the property thereof and the inmates therein as pro- 
vided in the laws governing "The Ohio Board of Admin- 
istration" so far as the provisions thereof are not inapplic- 
able and are not inconsistent with the provisions of the laws 
governing such home. 

Three members of such board shall constitute a quorum 
but any two may approve accounts for the payment of cur- 
rent expenses, salaries and open contracts previously en- 
tered into by the board. 

All supplies for such home shall be purchased as pro- 
vided in section one thousand eight hundred forty-nine of 
the General Code. 

history.— 103 V. 159, § 1; 109 v. 128. 

Section 1932. Under such rules and regulations as what children 
they adopt, the trustees shall receive into the home the chil- *n?y 5^^^:u 

^ "^ 1 , 1 • r r 11 mitted to the 

oren and orphans, destitute of means of support and educa- home, 
tion and residing in Ohio, of soldiers and sailors who died 
by reason of wounds received or disease contracted while 
serving in the military or naval forces of the United States, 
and the children of permanently disabled or indigent soldiers 
and sailors in like manner destitute. 

HISTORY.— R. S. § 676; 94 v. 88; 91 v. 217; 84 v. 40; 76 v. 171, § 3. 

See Opinions of Attorney General (1915), p. 489, cited under 
Sec. 1931. 



Section 1932-1 That the board of trustees of the Admission of 
Ohio Soldiers' and Sailors' Orphans' Homie, Xenia, Ohio, ^JJ^J|^g ^/^ 
are hereby authorized and directed to receive into such home o. n. g. 
the children of all members of the Ohio National Guard 
whose lives were lost, or who were permanently disabled at 
any time in the course of active duty in the service of the 
state, on the same basis and subject to the same laws as 
other children are admitted to such institution. 

HISTORY.— 106 V. 435. For a prior analogous statute, see 103 v. 665, 
§ 1, to which no General Code section number was given, either by the legis- 
lature or by the attorney general; and which is probably repealed by implica- 
tion by G. C. § 1932-1, which was 106 v. 435. 



See opinions of Attorney General (1918), p. 
Sec. 1931. 



), cited under 



Section 1933. Unless for good cause sooner dis- How long 
charged, all children admitted to the home shall be supported ^^^thrhome 
and educated until sixteen years of age. The trustees may 
retain such children until they arrive at the age of eighteen 
years, and members of a graduating class may be retained 
until the close of the school year. 

HISTORY.— R. S. § 676; 94 v. 88; 91 v. 217; 84 v. 40; 76 v. 171, § 3. 

See Opinions of Attorney General (1918), p. 1249, cited under 
Sec. 1352-3. 

Section 1934. In the admission of children, each Apportion- 
county shall be entitled to its proportion, according to popu- ^ent admitted 
lation, of the entire number the home accommodates, and no county. 



654 



OHIO soldiers' and sailors' orphans' home 



more, unless other counties fail to apply within a reasonable 
time for the admission of their respective quotas. 



HISTORY.-R. S. § 677; 76 v. 171, § 4. 



Appointment 
of clerk. 



Bond, where 
filed. 



Section 1935. On the nomination of the superinten- 
dent, the board of trustees of the home shall appoint a clerk 
for the institution who shall hold his office at the pleasure of 
the board. The duties of the clerk shall be prescribed by the 
trustees. Before entering upon his duties, the clerk shall 
give a bond to the state in the sum of five thousand dollars 
with two or more sureties, approved by the attorney general, 
conditioned for the faithful performance of the duties of his 
office. Such bond with the approval of the attorney general, 
and the oath of office indorsed thereon, shall bq filed in the 
office of the secretary of state. 



history.-r. s. 



76 V. 171, § 18; 103 v. 528 (533). 



What schools 
shall be 
established. 



Section 1936. The trustees shall establish schools for 
such literary, technical, industrial, art or other education of 
all pupils therein as is practicable, and make necessary ar- 
rangements therefor. Within the ground of the home, they 
may establish and maintain shops wherein suitable trades 
may' be taught and practiced in a thorough and comprehen- 
sive manner. Subject to their regulations, the superinten- 
dent may employ proper teachers, and, for cause, dismiss 
them. 



history.-r. S. § 678; 76 v. 171, § 5. 

The powers conferred by this and the following sections are 
essentially necessary to accomplish the objects for which this in- 
stitution was established : Neil v. Trustees, 31 O. S. 15. 



Curriculum of 
studies. 



Section 1937. The curriculum of studies for pupils 
more than thirteen years of age shall be such as to assist 
them most efT-ectively in their future pursuits. The division 
and assignment into schools and classes shall be so arranged 
that pupils may receive instruction in approved literary 
branches at the most practicable hours, whether in evening 
or half-time schools or in schools during certain seasons 
only. 



history.-r. s. § 



76 V. 171, § 23. 



model school. 



rru • *-^ *•«., Section 10^8. Any branch of industry introduced 

The institution ^ ■,■, , , ■^'^■, y . . , , -; , 

to be made a shall be taught and practiced m so thorough and comprehen- 
sive manner that the institution shall be considered a model 
school for these particular branches. 

history.— R. S. § 697; 76 v. 171, § 25. 



Purchase of 
books, tools, 
etc.; disposi- 
tion of 
products. 



Section 1939. The trustees, and, under their regula- 
tions, the superintendent, may purchase necessary books, 
materials, tools and machinery, and dispose of the produc- 
tions of the pupils to the best advantage and account for 
such proceeds and expenditures in the annual report. The 



OHIO soldiers' and sailors' orphans' home 655 

trustees may make all necessary arrangements to carry into 
effect the purposes of this chapter. 

history.— R. S. §§ 679, 697; 76 v. 171, §§ 5, 25. 

The trustees may pay for a printing press out of an appro- 
priation "for heating and furnishing industrial building" : State, 
ex rel., v. Kiesewetter, 45 O. S. 524. 



Section 1940. Pupils working inside the institution, p^,p;jg ^^^ 
on their discharge, shall receive their net earnings for the select trade nr 
preceding two years to be approximated by the trustees, and, °^^"p^ *°"- 
under their regulations, by the superintendent. Each pupil 
may select a trade or occupation in which he wishes to en- 
gage, but any pupil remaining in the institution after com- 
pletion of his or her fourteenth year must devote himself or 
herself for the time remaining to the learning of one of the 
provided occupations, except in case of debility or ill health. 

HISTORY.-R. S. § 680; 76 v. 171, § 6. 

Section 1941. Not less than four years before each Duties of 
pupil arrives at the asfe of sixteen years, the superintendent superintendent 

<• -I 1 1 11 -1 1 • <• 1 ., as to certain 

of the home shall ascertain what trade, if any, such pupil pupils. 
has learned at the home and what trade or business he or she 
desires to follow in the future. Thereupon the superinten- 
dent shall cause to be published in two newspapers printed 
and of general circulation in the county from which such 
pupil came, a notice that the pupil desires a situation in such 
business, and a home in a respectable family, the compensa- 
tion to be paid to be such as the employer may agree upon 
with the pupil and the superintendent. The superintendent 
shall answer all communications and inquiries relating there- 
to and keep a record thereof which shall be open to public 
inspection. 

lilSTORY.-R. S. § 697-1; 81 v. 96, § 1. 

Section 1942. The superintendent shall keep an ac- Monthly re- 
count of expenses incurred under the preceding section, PJV'endent"^^'^' 
and every thirty days submit a full report thereof to the 
trustees, who shall examine it with all vouchers, and, if 
found correct, the trustees shall order them paid from the 
appropriations made by the state for the institution. 

HISTORY.-R. S. § 697-2; 81 v. 96, § 2. 

Section 1943. When pupils are discharged, the information 
trustees through the superintendent, so far as practicable, concerning 
shall keep in communication with them to enable the trustees plfpiis.'^^^ 
to report to the governor and general assembly in regard 
to these children of the state. 

To that end the trustees or superintendent shall en- Holding of an- 
courage and provide for the holding of annual reunions of Srix'-pupiiT^ 
the ex-pupils at the home and invite them to attend as the 
guests of the home and state, and keep a record showing 
the names, addresses and occupations of those who attend. 
Such reunions shall be held during the children's regular 
vacation season, when the holding thereof will not interfere 



656 



OHIO SOLDIERS AND SAILORS ORPHANS HOME 



with the management of the home, and the ex-pupils who 
attend shall be under the same control and receive the same 
accommodations as the children and officers of the home. 

HISTORY.— R. S. § 680; 76 v. 171, § 6; 106 v. 103. 

See Opinions of Attorney General (1918), p. 1249, cited under 
Sec. 1352-3. 



Trustees may 
place inmate 
in private 
family. 



Section 1944. When, in the opinion of the trustees, 
the best interests of pupils would be subserved thereby, they 
may secure homes for them in private families upon such 
terms as they agree upon, reserving the right to replace them 
in the home if they deem it for their best interests. 

HISTORY. - R. S. § 679; 76 v. 171, § 5. 



ippc 
children en- 
titled to ad- 
mission out- 
side of insti- 
tution. 



Section 1945. The trustees may contract with the 
proper officers of any of the children's homes authorized by 
law, in this state, for the support of such children as are 
by law entitled to admission to the soldiers' and sailors' 
orphans' home, including those which have become inmates 
of county infirmaries. In such contracts the trustees shall 
reserve the right to visit and examine into the condition 
and treatment of such children in such homes. By such 
contract, the cost per capita shall not exceed the current 
expense cost of supporting the children at the soldiers' and 
sailors' orphans' home. The expenses of their transportation 
from the infirmaries to the home to which they are assigned 
shall be paid by the county to which they belong. 

history.— R. S. §§ 697-8, 697-4; 83 v. 173, § 1; 84 v. 174, § 1. 

A construction placed upon an act, providing for the support of 
these children (77 v. 187), was construed by the trustees as re- 
quiring an apportionment according to the population of the 
different counties. A subsequent legislative approval of such con- 
struction (78 v. 309), was held to require a fund, which was 
appropriated by such statute, to be distributed in accordance with 
such construction : State, ex rel., v. Trustees, 37 O. S. 275. 



Compensation 
of officers and 
employes. 



Superintendent, 
guardian of 
the estate of 
minors. 



Section 1946. The compensation of the officers and 
employes of the home shall be fixed by the board of trustees. 
No person, unless he shall have been in the actual military 
or naval service of the United States and shall have re- 
ceived an honorable discharge therefrom, shall be eligible 
to hold the position or office of superintendent. Provided, 
however, that the provisions of this section shall not affect 
the tenure of the position or offfce of the present superin- 
tendent. 

HISTORY.— R. S. § 695; 76 v. 171, § 22; 78 v. 225; 78 v. 252; 79 v. 121; 
82 V. 246; 87 v. 250; 97 v. 99; 104 v. 170; 108 v. Pt. I 617. 

Section 1946-3. The superintendent of the Ohio 
Soldiers' and Sailors' Orphans' home shall be, by virtue of 
his office, the guardian of the estate of all minors under the 
age of sixteen years, duly admitted and residing in such 
home, whose fathers are deceased and who have no other 
legal guardian. The superintendent shall be liable on his 
official bond for the conduct of the guardianship and shall 



OHIO soldiers' and sailors' orphans' home 657 

not be required to give additional .bond. When any minor 
whose estate is under the guardianship of the superintendent 
arrives at the age of sixteen years or is discharged from 
the home, the superintendent shall file his final account as 
guardian with the probate judge of the county in which the 
home is situated, and no fees shall be charged by the court 
for the filing of such account and discharge as guardian. 
The provisions of law relating to the guardians of minors 
shall apply as far as possible to the provisions of this 
section. 

history.— 106 V. 497, § 1. 

See Opinions of Attorney General (1918), p. 1249, cited under 
Sec. 1352-3. 

Section 1946-4. Immediately upon the taking efifect Additional 
of this act the superintendent of said home, now in office, supiintendent. 
unless a new official bond shall be then given by him, shall 
give an additional bond in the amount of ten thousand dol- 
lars, conditioned upon the faithful discharge of his duties 
as guardian, under the preceding section, for the term 
covered by his existing official bond, and nothing in said 
preceding section shall be deemed or held to apply to or alter 
the conditions of such existing official bond. Any official 
bond of said superintendent, given after this act shall take 
effect, shall be liable as provided in section i of this act [G. 
C. § 1946-3]. The premium on such additional bond, if any, 
may be paid from any proper appropriation for the current 
expenses of said home. 

HISTORY.-106 V. 497, § 2. 



42 s. L. 



CHAPTER 35 
FEDERAL AID LAWS 



Section 
1. 



10. 
11. 



12. 



SMITH-HUGHES LAW 

Co-operation with states in teaching 
certain subjects. 

Appropriations for teachers, _ super- 
visors or directors of agricultural 
subjects. 

Appropriation for teachers of trade, 
home economics and industrial sub- 
jects. 

Appropriations for preparing teach- 
ers, supervisors and directors of 
agricultural subjects. 

Acceptance by state and co-operation 
with Federal Board. 

Creation and powers of Federal 
Board for vocational education. 

Appropriation for use of Federal 
Board. 

State boards to submit plans and 
methods of work._ 

Proportion of salaries to be paid by 
state and local communities. 

Appropriation for agricultural pur- 
poses, how expended. 

Appropriations for salaries of teach- 
ers of trade, home economics and 
industrial subjects, how expended. 

Appropriation for training of" teach- 
ers of trade, home economics and 
agricultural subjects, how expended. 

State treasurer to be designated 
custodian of Federal appropriations. 



Section. 

14. Federal board to certify amounts due 

each state. 

15. Federal board to make deduction 

from succeeding allotment. 

16. Federal board may withhold allot- 

ment. 

17. Appropriations not to be used for 

buildings or equipment. 

18. Federal board to make annual report 

to include reports of state boards. 

FEDERAL BOARD FOR VOCATIONAL 
EDUCATION 

1. Appropriations to Federal board made 

available for other uses. 

INDUSTRIAL REHABILITATION LAW 



Appropriation for training of per- 
sons disabled in industry. 

Definition of terms. 

Provision for acceptance and co- 
operation by states. 

Federal board to make rules and 
regulations for state co-operation. 

Payments made quarterly to states, 
reports of State board. 

Appropriations to Federal board foi 
investigation, etc. 

Federal board may receive gifts and 
donations. 



Co-operation 
with states in 
teaching cer- 
tain subjects. 



SMITH-HUGHES LAW 

(Vocational Education.) 

AN ACT to provide for the promotion of vocational education ; 
to provide for cooperation with the States in the promotion of 
such education in agriculture and the trades and industries ; 
to provide for cooperation with the States in the preparation 
of teachers of vocational subjects; and to appropriate money 
and regulate its expenditure. 

Be it enacted by the Senate and House of Representa- 
tives of the United States of America in Congress assembled, 
That there is hereby annually appropriated, out of any 
money in the Treasury not otherwise appropriated, the sums 
provided in sections two, three, and four of this act, to be 
paid to the respective States for the purpose of co-operating 
with the States in paying the salaries of teachers, super- 
visors, and directors of agricultural subjects, and teachers 
of trade, home economics, and industrial subjects, and in 
the preparation of teachers of agricultural, trade, industrial, 
and home economics subjects ; and the sum provided for in 
section seven for the use of the Federal Board of Vocational 
Education for the administration of this act and for the 
purpose of making studies, investigations, and reports to aid 
in the organization and conduct of vocational education, 
which sums shall be expended as herenafter provided. 

(658) 



FEDERAL AID LAWS 659 

Section 2. That for the purpose of co-operating with Appropriations 
the States in paying the salaries of teachers, supervisors, or f°'"ervfs'J.s"' 
directors of agricultural subjects there is hereby appropri- or directors 
ated for the use of the States, subject to the provisions of subfe^cts^."^^"'^^' 
this act, for the fiscal year ending June thirtieth, nineteen 
hundred and eighteen, the sum of $500,000; for the fiscal 
year ending June thirtieth, nineteen hundred and nineteen, 
the sum of $750,000; for the fiscal year ending June thirti- 
eth, nineteen hundred and twenty, the sum of $1,000,000; 
for the fiscal year ending June thirtieth, nineteen hundred 
and twenty-one, the sum of $1,250,000; for the fiscal year 
ending June thirtieth, nineteen hundred and twenty-two, 
the sum of $1,500,000; for the fiscal year ending June thirti- 
eth, nineteen hundred and twenty-three, the sum of $1,750,- 
000; for the fiscal year ending June thirtieth, nineteen 
hundred and twenty-four, the sum of $2,000,000; for the 
fiscal year ending June thirtieth, nineteen hundred and 
twenty-five, the sum of $2,500,000; for the fiscal year ending 
June thirtieth, nineteen hundred and twenty-six, and an- 
nually thereafter, the sum of $3,000,000. Said sums shall 
be allotted to the States in the proportion which their rural 
population bears to the total rural populaion in the United 
States, not including outlying possessions, according to the 
last preceding United States census : Provided, That the 
allotment of funds to any State shall be not less than a 
minimum of $5,000 for any fiscal year prior to and including 
the fiscal year ending June thirtieth, nineteen hundred and 
twenty- three, nor less than $10,000 for any fiscal year there- 
after, and there is hereby appropriated the following sums, 
or so much thereof as may be necessary, which shall be used 
for the purpose of providing the minimum allotment to the 
States provided for in this section : For the fiscal year end- 
ing June thirtieth, nineteen hundred and eighteen, the sum 
of $48,000; for the fiscal year ending June thirtieth, nineteen 
hundred and nineteen, the sum of $34,000; for the fiscal year 
ending June thirtieth, nineteen hundred and twenty, the sum 
of $24,000; for the fiscal year ending June thirtieth, nineteen 
hundred and twenty-one, the sum of $18,000; for the fiscal 
year ending June thirtieth, nineteen hundred and twenty- 
two, the sum of $14,000; for the fiscal year ending June 
thirtieth, nineteen hundred and twenty-three, the sum of 
$11,000; for the fiscal year ending June thirtieth, nineteen 
hundred and twenty-four, the sum of $9,000; for the fiscal 
year ending June thirtieth, nineteen hundred and twenty- 
five, the sum of $34,000; and annually thereafter the sum of 
$27,000. 

The state law accepting the provisions of the above act of 
congress will be found in Section 367-1 to 367-7 of the General Code 
in chapter 2 of this volume. 

Se'ction 3. That for the purpose of co-operating with Appropria- 

the States in paying the salaries of teachers of trade, home tio^s for teach- 

economics, and industrial subjects there is hereby appropri- home^co^ ^' 

ated for the use of the States, for the fiscal year ending June JXi'tHar'^ 

thirtieth, nineteen hundred and eighteen, the sum of $500,- subjects. 



66o 



FEDERAL AID LAWS 



cxx); for the fiscal year ending June thirtieth, nineteen hun- 
dred and nineteen, the sum of $750,000; for the fiscal year 
ending June thirtieth, nineteen hundred and twenty, the sum 
of $1,000,000; for the fiscal year ending June thirtieth, 
nineteen hundred and twenty-one, the sum of $1,250,000; 
for the fiscal year ending June thirtieth, nineteen hundred 
and twenty-two, the sum of $1,500,000; for the fiscal year 
ending June thirtieth, nineteen hundred and twenty-three, 
the sum of $1,750,000; for the fiscal year ending June thirti- 
the, nineteen hundred and twenty-four, the sum of $2,000,- 
000 ; for the fiscal year ending June thirtieth, nineteen hun- 
dred and twenty-five, the sum of $2,500,000; for the fiscal 
year ending June thirtieth, nineteen hundred and twenty-six, 
the sum of $3,000,000; and annually thereafter the sum of 
$3,000,000. Said sums shall be allotted to the States in the 
proportion which their urban population bears to the total 
urban population in the United States, not including out- 
lying possessions, according to the last preceding United 
States census : Provided, That the allotment of funds to any 
State shall not be less than a minimum of $5,000 for any fiscal 
year prior to and including the fiscal year ending June 
thirtieth, nineteen hundred and twenty-three, nor less than 
$10,000 for any fiscal year thereafter, and there is hereby 
appropriated the following sums, or so much thereof as may 
be needed, which shall be used for the purpose of providing 
the minimum allotment to the States provided for in this 
section : For the fiscal year ending June thirtieth, nineteen 
hundred and eighteen, the sum of $66,000; for the fiscal 
year ending June thirtieth, nineteen hundred and nineteen, 
the sum of $46,000; for the fiscal year ending June thirtieth, 
nineteen hundred and twenty, the sum of $34,000; for the 
fiscal year ending June thirtieth, nineteen hundred and 
twenty-one, the sum of $28,000; for the fiscal year ending 
June thirtieth, nineteen hundred and twenty-two, the sum of 
$25,000; for the fiscal year ending June thirtieth, nineteen 
hundred and twenty-three, the sum of $22,000 ; for the fiscal 
year ending June thirtieth, nineteen hundred and twenty- 
four, the sum of $19,000; for the fiscal year ending June 
thirtieth, nineteen hundred and twenty-five, the sum of $56,- 
000 ; for the fiscal year ending June thirtieth, nineteen hun- 
dred and twenty-six, and annually thereafter, the sum of 
$50,000. 

That not more than twenty per centum of the money 
appropriated under this act for the payment of salaries of 
teachers of trade, home economics, and industrial subjects, 
for any year, shall be expended for the salaries of teachers 
of home economics subjects. 

Section 4. That for the purpose of co-operating with 

the States in preparing teachers, supervisors, and directors 

supervisors of agricultural subjects and teachers of trade and industrial 

of^agficuituSi and home economics subjects there is hereby appropriated 

subjects. fQj. |-]-ie ^gg Qf the States for the fiscal year ending June 

thirtieth, nineteen hundred and eighteen, the sum of $500,- 

000; for the fiscal year ending June thirtieth, nineteen hun- 



Appropriations 
for preparing 
teachers, 



FEDERAL AID LAWS 66 1 

dred and nineteen, the sum of $700,000; for the fiscal year 
ending June thirtieth, nineteen hundred and twenty, the sum 
of $900,000; for the fiscal year ending June thirtieth, nine- 
teen hundred and twenty-one, and annually thereafter, the 
sum of $1,000,000. Said sums shall be allotted to the States 
in the proportion which their population bears to the total 
population of the United States, not including outlying 
possessions, according to the last preceding United States 
census : Provided, That the allotment of funds to any State 
shall be not less than a minimum of $5,000 for any fiscal 
year prior to and including the fiscal year ending June 
thirtieth, nineteen hundred and nineteen, nor less than $10,- 
000 for any fiscal year thereafter. And there is hereby ap- 
propriated the following sums, or so much thereof as may be 
needed, which shall be used for the purpose of providing 
the minimum allotment provided for in this section: For 
the fiscal year ending June thirtieth, nineteen hundred and 
eighteen, the sum of $46,000; for the fiscal year ending June 
thirtieth, nineteen hundred and nineteen, the sum of $32,000; 
for the fiscal year endnig June thirtieth, nineteen hundred 
and twenty, the sum of $24,000; for the fiscal year ending 
June thirtieth, nineteen hundred and twenty-one, and an- 
nually thereafter, the sum of $90,000. 

Section 5. That in order to secure the benefits of the Acceptance by 
appropriations provided for in section two, three, and four operation wSh 
of this act, any State shall, through the legislative authority Federal Board 
thereof, accept the provisions of this act and designate or 
create a State board, consisting of not less than three mem- 
bers, and having all necessary power to co-operate, as herein 
provided, with the Federal Board for Vocational Education 
in the administration of the provisions of this act. The 
State board of education, or other board having charge of 
the administration of pubHc education in the State, or any 
State board having charge of the administration of any kind 
of vocational education in the State may, if the State so 
elects, be designated as the State board, for the purpose of 
this act. 

In any State the legislature of which does not meet in 
nineteen hundred and seventeen, if the governor of that 
State, so far as he is authorized to do so, shall accept the 
provisions of this act and designate or create a State board 
of not less than three members to act in ca-operation with 
the Federal Board for Vocational Education, the Federal 
Board shall recognize such local board for the purpose of 
this act until the legislature of such State meets in due 
course and has been in session sixty days. 

Any State may accept the benefits of any one or more 
of the respective funds herein appropriated, and it may 
defer the acceptance of the benefits of any one or more of 
such funds, and shall be required to meet only the conditions 
relative to the fund or funds the benefits of which it has 
accepted: Provided, That after June thirtieth, nineteen 
hundred and twenty, no State shall receive any appropria- 
tion for salaries of teachers, supervisors, or directors of ag- 



662 



FEDERAL AID LAWS 



ricultural subjects, until it shall have taken advantage of at 
least the minimum amount appropriated for the training of 
teachers, supervisors, or directors of agricultural subjects, 
as provided for in this act, and that after said date no State 
shall receive any appropriation for the salaries of teachers 
of trade, home economics, and industrial subjects until it 
shall have taken advantage of at least the minimum amount 
appropriated for the training of teachers of trade, home eco- 
nomics, and industrial subjects, as provided for in this act. 
Creation and SECTION 6. That a Federal Board for Vocational 

FedSi Board Education is hereby created, to consist of the Secretary of 
educItTon!°"^^ Agriculture, the Secretary of Commerce, the Secretary of 
Labor, the United States Commissioner of Education, and 
three citizens of the United States to be appointed by the 
President, by and with the advice and consent of the Senate. 
One of said three citizens shall be a representative of the 
manufacturing and commercial interests, one a .representa- 
tive of 'the agricultural interests, and one a representative 
of labor. The board shall elect annually one of its members as 
chairman. In the first instance, one of the citizen members 
shall be appointed for one year, one for two years, and one 
for three years, and thereafter for three years each. The 
members of the board other than the members of the Cabinet 
and the United States Commissioner of Education shall 
receive a salary of $5,oco per annum. 

The board shall have power to co-operate with State 
boards in carrying out the provisions of this act. It shall 
be the duty of the Federal Board for Vocational Education 
to make, or cause to have made studies, investigations, and 
reports, with particular reference to their use in aiding the 
States in the establishment of vocational schools and classes 
and in giving instruction m agriculture, trades and. in- 
dustries, commerce and commercial pursuits, and home eco- 
nomics. Such studies, investigations, and reports shall in- 
clude agriculture and agricultural processes and require- 
ments upon agricultural workers ; trades, industries, and ap- 
prenticeships, trade and industrial requirements upon in- 
dustrial workers, and classification of industrial processes 
and pursuits ; commerce and commercial pursuits and re- 
quirements upon commercial workers ; home management 
domestic science, and the study of related facts and prin- 
ciples ; and problems of administration of vocational schools 
and of courses of study and instruction in vocational 
subjects. 

When the board deems it advisable such studies, in- 
vestigations, and reports concerning agriculture, for the pur- 
poses of agricultural education, m.ay be made in co-opera- 
tion with or through the Department of Agricultuie; such 
studies, investigations, and reports concerning trades and 
industries, for the purpose of trade and industrial education, 
may be made in co-operation with or through the Depart- 
ment of Labor; such studies, investigations, and reports 
concerning commerce and commercial pursuits, for the pur- 
poses of commercial education, may be made in co-operation 



FEDERAL AID LAWS 66;^ 

with or through the Department of Commerce ; such studies, 
investigations, and reports concerning the administration of 
vocational schools, courses of study and instruction in voca- 
tional subjects, may be made in co-operation with or through 
the Bureau of Education. 

The Commissioner of Education may make such recom- 
mendations to the board relative to the administration of this 
Act as he may from time to time deem advisable. It shall 
be the duty of the chairman 'of the board to carry out the 
rules, regulations, and decisions which the board may adopt. 
The Federal Board for Vocational Education shall have 
power to employ such assistants as may be necessary to 
carry out the provisions of this ct. 

Section 7. That there is hereby appropriated to the Appropna- 
Federal Board for Vocational Education the sum of $200,- oT^Federaf^ 
000 annually, to be available from and after the passage of Board, 
this act, for the purpose of making or co-operating in making 
the studies, investigations, and reports provided for in 
section six of this act, and for the purpose of paying the 
salaries of the officers, the assistants, and such office and 
other expenses as the board may deem necessary to the ex- 
ecution and administration of this act. 

Section 8. That in order to secure the benefits of the state Boards 
appropriation for any purpose specified in this act, the State p°ans"\Td 
board shall prepare plans, showing the kinds of vocational methods of 
education for which it is proposed that the appropriation 
shall be used; the kinds of schools and equipment; courses 
of study ; methods of instruction ; qualifications of teachers ; 
and, in the case of agricultural subjects, the qualifications 
of supervisors or directors ; plans for the training of teachers ; 
and, in the case of agricultural subjects, plans for the super- 
vision of agricultural education, as provided for in section 
ten. Such plans shall be submitted by the State board to 
the Federal Board for Vocational Education, and if th- 
Federal Board finds the same to be in conformity with the 
provisions and purposes of this act, the same shall be ap- 
proved. The State board shall make an annual report to 
the Federal Board for Vocational Education, on or before 
September first of each year, on the work done in the State 
and the receipts and expenditures of money under the pro- 
visions of this act. 

Section 9. That the appropriation im the salaries of proportion of 
teachers, supervisors, or directors of agricultural subjects ^^^^"^^ ^^te^ 
and of teachers of trade, home economics, and industrial and iJcai, 
subjects shall be devoted exclusively to the payment of ^°"^™""^t^^s- 
salaries of such teachers, supervisors, or directors having 
the minimum qualifications set up for the State by the State 
board, with the approval of the Federal Board for Voca- 
tional Education. The cost of instruction supplementary 
to the instruction in agricultural and in trade, home eco- 
nomics, and industrial subjects provided for in this act, 
necessary to build a well-rounded course of training, shall 
be borne by the State and local communities, and no part of 
the cost thereof shall be borne out of the appropriations 



664 



FEDERAL AID LAWS 



Appropriation 
for agri- 
cultural pur- 
poses, how 
expended. 



herein made. The moneys expended under the provisions 
of this act, in co-operation with the States, for the salaries 
of teachers, supervisors, or directors of agricultural subjects, 
or for the salaries of teachers of trade, home economics, and 
industrial subjects, shall be conditioned that for each dollar 
of Federal money expended for such salaries the State or 
local community, or both, shall expend an equal amount for 
such salaries; and that appropriations for the training of 
teachers of vocational subjects, as herein provided, shall be 
conditioned that such money be expended for maintenance 
of such training and that for each dollar of Federal money 
so expended for maintenance, the State or local community, 
or both, shall expend an equal amount for the maintenance 
of such training. 

Section io. That any State may use the appropria- 
tion for agricultural purposes, or any part thereof allotted 
to it, under the provisions of this act, for the salaries of 
teachers, supervisors, or directors of agricultural subjects, 
either for the salaries of teachers of such subjects in schools 
or classes or for the salaries of supervisors or directors of 
such subjects under a plan of supervision for the State to 
be set up by the State board, with the approval of the 
Federal Board for Vocational Education. That in order 
to receive the benefits of such appropriation for the salaries 
of teachers, supervisors, or directors of agricultural subjects 
the State board of any State shall provide in its plan for 
agricultural education that such education shall be that which 
is under public supervision or control; that the controlling 
purpose of such education shall be to fit for useful employ- 
ment ; that ^uch education shall be of less than college grade 
and be designed to meet the needs of persons over fourteen 
years of age who have entered upon or who are preparing 
to enter upon the work of the farm or of the farm home; 
that the State or local community, or both, shall provide the 
necessary plant and equipment determined upon by the State 
board, with the approval of the Federal Board for Voca- 
tional Education, as the minimum requirement for such 
education in schools and classes in the State; that the 
amount expended for the maintenance of such education in 
any school or class receiving the benefit of such appropria- 
tion shall be not less annually than the amount fixed by the 
State board, with the approval of the Federal Board as the 
minimum for such schools or classes in the State ; that such 
schools shall provide for directed or supervised practice in 
agriculture, either on a farm provided for by the school or 
other farm, for at least six months per year ; that the teach- 
ers, supervisors, or directors of agricultural subjects shall 
have at least the minimum qualifications determined for the 
State by the State board, with the approval of the Federal 
Board for Vocational Education. 



FEDERAL AID LAWS 665 

Section ii. That in order to receive the benefits of Appropria- 
the appropriation for the salaries of teachers of trade, home t'°"s for sai- 

• 1-1 -1 1' 10 •!_ jf aries of teacn- 

economics, and industrial subjects the btate board ot any ers of trade, 
State shall provide in its plan for trade, home economics, nomfcs^and 
and industrial education that such education shall be given '"^t^^* ^ow *ex' 
in schools or classes under public supervision or control ; pend'ed. 
that the controlling purpose of such education shall be to fit 
for useful employment ; that such education shall be of less 
than college grade and shall be designed to meet the needs 
of persons over fourteen years of age who are preparing 
for a trade or industrial pursuit or who have entered upon 
the work of a trade or industrial pursuit ; that the State or 
local community, or both, shall provide the necessary plant 
and equipment determined upon by the State board, with the 
approval of the Federal Board for Vocational Education, 
as the minimum requirement in such State for education for 
any given trade or industrial pursuit; that the total amount 
expended for the maintenance of such education in any 
school or class receiving the benefit of such appropriation 
shall be not less annually than the amount fixed by the 
State board, with the approval of the Federal Board, as the 
minimum for such schools or classes in the State; that such 
schools or classes giving instruction to persons who have 
not entered upon employment shall require that at least half 
of the time of such instruction be given to practical work on 
a useful or productive basis, such instruction to extend over 
not less than nine months per year and not less than thirty 
hours per week ; that at least one-third of the sum appropri- 
ated to any State for the salaries of teachers of trade, home 
economics, and industrial subjects shall, if expended, be ap- 
plied to part-time schools or classes for workers over four- 
teen years of age who have entered upon employment, and 
such subjects in a part-time school or class may mean any 
subject given to enlarge the civic or vocational intelligence 
of such workers over fourteen and less than eighteen years 
of age ; that such part-time schools or classes shall provide 
for not less than one hundred and forty-four hours of class- 
room instruction per year; that evening industrial schools 
shall fix the age of sixteen years as a minimum entrance 
requirement and shall confine instruction to that which is 
supplemental to the daily employment ; that the teachers of 
any trade or industrial subject in any State shall have at 
least the minimum qualifications for teachers of such subject 
determined upon for such State by the State board, with the 
approval of the Federal Board for Vocational Education : 
Provided, That for cities and towns of less than twenty-five 
thousand population, according to the last preceding United 
States census,, the State board, with the approval of the 
Federal Board for Vocational Education, may modify the 
conditions as' to the length of course and hours of instruc- 
tion per week for schools and classes giving instruction to 
those who have not entered upon employment, in order to 
meet the particular needs of such cities and towns. 



666 



FEDERAL AID LAWS 



Appropriation 
for training 
of teachers, 
supervisors, 
or directors 
of agricultural 
subjects, how 
expended. 



State treas- 
urer to be 
designated 
custodian of 
federal appro- 
priations. 



Federal board 
to certify 
amounts due 
each state. 



Section 12. That in order for any State to receive the 
benefits of the appropriation in this act for the training of 
teachers, supervisors, or directors of agricultural subjects, 
or of teachers of trade, industrial or home economics sub- 
jects, the State board of such State shall provide in its plan 
for such training that the same shall be carried out under 
the supervision of the State board ; that such training shall 
be given in schools or classes under public supervision or 
control ; that 'SUch training shall be given only tO' persons 
who have had adequate vocational experience or contact in 
the line of work for which they are preparing themselves as 
teachers, supervisors, or directors, or who are acquiring such 
experience or contact as a part of their training; and that 
the State board, with the approval of the Federal Board, 
shall establish minimum requirements for such experience 
or contact for teachers, supervisors, or directors of agricul- 
tural subjects and for teachers of trade, industrial, and 
home economics subjects; that not more than sixty per 
centum nor less than twenty per centum of the money ap- 
propriated under this act for the training of teachers of 
vocational subjects to any State for any year shall be ex- 
pended for any one of the following purposes : For the 
preparation of teachers, supervisors, or directors of agricul- 
tural subjects, or the preparation of teachers of trade and 
industrial subjects, or the preparation of teachers of home 
economics subjects. 

Section 13. That in order to secure the benefits of 
the appropriations for the salaries of teachers, supervisors, 
or directors of agricultural subjects, or for the salaries of 
teachers of trade, home economics, and industrial subjects, 
or for the training of teachers as herein provided, any State 
shall, through the legislative authority thereof, appoint as 
custodian for said appropriations its State treasurer, who 
shall receive and provide for the proper custody and dis- 
bursements of all money paid to the State from said ap- 
propriations. 

Section 14. That the Federal Board for Vocational 
Education shall annually ascertain whether the several 
States are using, or are prepared to use, the money received 
by them in accordance with the provisions of this 
act. On or before the first day of January of 
each year the Federal Board for Vocational Educa- 
tion shall certify to the Secretary of the Treasury 
each State which has accepted the provisions of this 
act and complied therewith, certifying the amounts 
which each State is entitled to receive under the provisions 
of this act. Upon such certification the Secretary of the 
Treasury shall pay quarterly to the custodian for voca- 
tional education of each State the moneys to which it is 
entitled under the provisions of this act. The moneys so 
received by the custodian for vocational education for any 
State shall be paid out on the requisition of the State board 
as reimbursement for expenditures already incurred to such 



FEDERAL AID LAWS 66/ 

schools as are approved by said State board and are entitled 
to receive such moneys under the provisions of this act. 

Section 15. That whenever any portion of the fund Federal board 
annually allotted to any State has not been expended for the \° make de- 

■^ ...-/.. , ^ , . duction from 

purpose provided tor ni this act, a sum equal to such portion succeeding 
shall be deducted by the Federal Board from the next ^"°^"^^"t- 
succeeding annual allotment from such fund to such State. 

Section 16. That the Federal Board for Vocational Federal board 
Education may withhold the allotment of moneys to any ^if(^tn^nt^°^^ 
State whenever it shall be determined that such moneys are 
not being expended for the purposes and under the con- 
ditions of this act. 

If any allotment is withheld from any State, the State 
board of such State may appeal to the Congress of the 
United States, and if the Congress shall not direct such 
sum to be paid, it shall be covered into the Treasury. 

Section 17. That if any portion of the moneys re- Appropriations 
ceived by the custodian for vocational education of any 5°L*°£or^ 
State under this act, for any given purpose named in this buildings or 
act, shall, by any action or contingency, be diminished or ^^"'p™^"^- 
lost, it shall be replaced by such State, and until so replaced 
no subsequent appropriation, for such education shall be paid 
to such State. No portion of any moneys appropriated 
under this act for the benefit of the States shall be applied, 
directly or indirectly, to the purchase, erection, preserva- 
tion, or repair of any building or buildings or equipment, 
or for the purchase or rental of lands, or for the support of 
any religious or privately owned or conducted school or 
college. 

Section 18. That the Federal Board for Vocational Federal board 
Education shall make an annual report to Congress, on or nuar?epor^t"to 
before December first, on the administration of this act, and include re- 
shall include in such report the reports made by the State boards.^ 
boards on the administration of this act by each State and 
the expenditure of the money allotted to each State. 

Approved, February 23, 191 7. 

SECTION 2. 

[Public, No. 64, Sixty-Fifth Congress.] 

[h. r. 5949.] 

AN ACT Making appropriations to supply urgent deficiencies in Appropriations 

appropriations for the fiscal year ending June thirtieth, nine- to Federal 

teen hundred and eighteen, and prior fiscal years, on account of Board made 

war expenses, and for other purposes. other uses 

Be it enacted by the Senate and House of Representa- 
tives of the United States of America in Congress assembled, 
That the following sums are appropriated, out of any money 
in the Treasury not otherwise appropriated, to supply urgent 
deficiencies in appropriations for the fiscal year ending June 
thirtieth, nineteen hundred and eighteen, and prior fiscal 
years, on account of war expenses, and for other purposes, 
namely : 



668 FEDERAL AID LAWS 

FEDERAL BOARD FOR VOCATIONAL EDUCATION 

The appropriation provided by section seven of the act 
creating the Federal Board for Vocational Education, ap- 
proved February twenty-third, nineteen hundred and seven- 
teen, is also made available for printing and binding, law 
books, books of reference, and periodicals, and postage on 
foreign mail. 

In any State the legislature of which met in nineteen 
hundred and seventeen and failed for any reason to accept 
the provisions of the vocational education act, as provided 
in section five of said act, if the governor of that State, so 
far as he is authorized to do so, shall accept the provisions 
of said act and designate or create a State board of not less 
than three members to act in co-operation with the Federal 
Board for Vocational Education and shall designate the 
State treasurer as custodian for all moneys allotted to that 
State under said act, the Federal Board shall, if such legisla- 
ture took no adverse action on the acceptance of said act in 
nineteen hundred and seventeen, recognize such State board 
for the purposes of said act until the legislature of that State 
meets in regular session in . due course and has been in 
session sixty days. 

Approved, October 6, 191 7. 

INDUSTRIAL REHABILITATION LAW 
TRACY-COPPS 

AN ACT To provide for the promotion of vocational rehabilitation 
of persons disabled in industry or otherwise and their return to 
civil employment. 

Appropriation ^^ ^^ enacted by the Senate and House of Representa- 

^erso?^°d?^ ^^ ^iz/^^ of the United States of America in Congress assembled, 
abied in in- That in Order to provide for the promotion of vocational 
dustry. rehabilitation of persons disabled in industry or in any 

legitimate occupation and their return to civil employment 
there is hereby appropriated for the use of the States, subject 
to the provisions of this Act, for the purpose of co-operating 
with them in the maintenance of vocational rehabilitation 
of such disabled persons, and in returning vocationally re- 
habilitated persons to civil employment for the fiscal year 
ending June 30, 1921, the sum of $750,000; for the fiscal 
year ending June 30, 1922, and thereafter for a period of 
two years, the sum of $1,000,000 annually. Said sums shall 
be allotted to the States in the proportion which their popu- 
lation bears to the total population of the United States, not 
including Territories, outlying possessions, and the District 
of Columbia, accordmg to the last preceding United States 
census : Provided, That the allotment of funds to any State 
shall not be less than a minimum of $5,000 for any fiscal 
year. And there is hereby appropriated the following sums, 
or so much thereof as may be needed, which shall be used 
for the purpose of providing the minimum allotment to the 
States provided for in this section, for the fiscal year ending 



FEDERAL AID LAWS 669 

June 30, 1921, the sum of $46,000; for the fiscal year ending 
June 30, 1922, and annually thereafter, the sum of $34,000. 

All moneys expended under the provisions of this Act 
from appropriations provided by section i shall be upon the 
condition (i) that for each dollar of Federal money ex- 
pended there shall be expended in the State under 
the supervision and control of the State board at 
least an equal amount for the same purpose: Provided, 
That no portion of the appropriation made by this 
Act shall be used by any institution for handicapped persons 
except for the special training of such individuals entitled ' 
to the benefits of this Act as shall be determined by the 
Federal board; (2) that the State board shall annually sub- 
mit to the Federal board for approval plans shov^ing (a) 
the kinds of vocational rehabilitation and schemes of place- 
ment for which it is proposed the appropriation shall be 
used; (b) the plan of administration and supervision; (c) 
courses of study; (d) methods of instruction; (e) qualifi- 
cation of teachers, supervisors, directors, and other necessary 
administrative officers or employes; (f) plans for the train- 
ing of teachers, supervisors, and directors; (3) that the 
State board shall make an annual report to the Federal 
board on or before September i of each year on the work 
done in the State and on the receipts and expenditures of 
money under the provisions of this Act ; (4) that no portion 
of any moneys appropriated by this Act for the benefit of 
the States shall be applied, directly or indirectly, to the pur- 
chase, preservation, erection, or repair of any building or 
buildings or equipment, or for the purchase or rental of any 
lands; (5) that all courses for vocational rehabilitation 
given under the supervision arid control of the State board 
and all courses for vocational rehabilitation maintained shall 
be available, under such rules and regulations as the Federal 
board shall prescribe, to any civil employe of the United 
States disabled while in the performance of his duty. 

Section 2. That for the purpose of this Act the term Definition of 
"persons disabled" shall be construed to mean any person t^^ms. 
who, by reason of a physical defect or infirmity, whether 
congenital or acquired by accident, injury, or disease, is, or 
may be expected to be, totally or partially incapacitated for 
remunerative occupation; the term "rehabilitation" shall be 
construed to mean the rendering of a person disabled fit to 
engage in a remunerative occupation. 

The state law accepting the provisions of the above act of 
congress v^^ill be found in Sections 367-8 to 367-12 of the General 
Code in chapter 2 of this volume. 



Provision for 
acceptance 
and co-opera- 



^'ection 3. That in order to secure the benefits of the 
appropriations provided by section i any State shall, acceptance 
through the legislative authority thereof, (i) accept the pro- ti^n by°itat?s. 
visions of this Act; (2) empower and direct the board desig- 
nated or created as the State board for vocational education 
to co-operate in the administration of the provisions of the 
Vocational Education Act, approved February 23, 191 7, to 



670 



FEDERAL AID LAWS 



co-operate as herein provided with the Federal Board for 
Vocational Education in the administration of the pro- 
visions of this Act; (3) in those States where a State work- 
men's compensation board, or other State board, depart- 
ment, or agency exists, charged with the administration of 
the State workmen's compensation or liability laws, the 
legislature shall provide that a plan of co-operation be form- 
ulated between such State board, department, or agency, and 
the State board charged with the administration of this Act, 
such plan to be effective when approved by the governor of 
the State; (4) provide for the supervision and support of 
the courses of vocational rehabilitation to be provided by the 
State board in carrying out the provisions of this Act; 
(5) appoint as custodian for said appropriations its State 
treasurer, who shall receive and provide for the proper 
custody and disbursement of all money paid to the State 
from said appropriations. In any State the legislature of 
which does not meet in regular session between the date of 
the passage of this Act and December 31, 1920, if the gov- 
ernor of that State shall accept the provisions of this Act, 
such State shall be entitled to the benefits of this Act until 
the legislature of such State meets in due course and has 
been in session sixty days. 
Federal Board SECTION 4. That the Federal Board for Vocational 

and^reguia"^^^ Education shall have power to co-operate with State boards 
tions for in Carrying out the purposes and provisions of this Act, 

tion! *^°'°P^^^' and is hereby authorized to make and establish such rules 
and regulations as may be necessary or appropriate to carry 
into effect the provisions of this act; to provide for the 
vocational rehabilitation of disabled persons and their return 
to civil employment and to co-operate, for the purpose of 
carrying out the provisions of this Act, with such public 
and private agencies as it may deem advisable. It shall 
be the duty of said board (i) to examine plans submitted 
by the State boards and approve the same if believed to be 
feasible and found to be in conformity with the provisions 
and purposes of this Act; (2) to ascertain annually whether 
the several States are using or are prepared to use the money 
received by them in accordance with the provisions of this 
Act; (3) to certify on or before the ist day of January of 
each year to the Secretary of the Treasury each State which 
has accepted the provisions of this Act and complied there- 
with, together with the amount which each State is entitled 
to receive under the provisions of this Act; (4) to deduct 
from the next succeeding allotment to any State whenever 
any portion of the fund annually allotted has not been ex- 
pended for the purpose provided for in this Act a sum equal 
to such unexpended portion; (5) to withhold the allotment 
of moneys to any State whenever it shall be determined 
that moneys allotted are not being expended for the pur- 
poses and conditions of this Act; (6) to require the replace- 
ment by withholding subsequent allotments of any portion 
of the moneys received by the custodian of any State under 
this Act that by any action or contingency is diminished 



FEDERAL AID LAWS 6/1 

or lost: Provided, That if any allotment is withheld from 
any State, the State board of such State may appeal to the 
Congress of the United States, and if the Congress shall 
not, within one year from the time of said appeal, direct 
such sum to be paid, it shall be covered into the Treasury. 

Section 5. That the Secretary of the Treasury, upon Payments 
the certification of the Federal board as provided in this JJjfy tritates, 
Act, shall pay quarterly to the custodian of each State ap- reports of 
pointed as herein provided the moneys to which it is entitled 
under the provisions of this Act. The money so received 
by the custodian for any State shall be paid out on the 
requisition of the State board as reimbursement for services 
already rendered or expenditures already incurred and ap- 
proved by said State board. The Federal Board for 
Vocational Education shall make an annual report to the 
Congress on or before December i on the administration of 
this Act and shall include in such report the reports made 
by the State boards on the administration of this Act by 
each State and the expenditure of the money allotted to each 
State. 

Section 6. That there is hereby appropriated to the Appropriations 
Federal Board for Vocational Education the sum of $75,000 Bo^df?^^ 
annually for a period of four years for the purpose of investigation, 
making studies, investigations and reports regarding the ^*^* 
vocational rehabilitation of disabled persons and their place- 
ments in suitable or gainful occupations, and for the ad- 
ministrative expenses of said board incident to performing 
the duties imposed by this Act, including salaries of such 
assistants, experts, clerks, and other employees, in the Dis- 
trict of Columbia or elsewhere as the board may deem 
necessary, actual traveling and other necessary expenses 
incurred by the members of the board and by its employees, 
under its orders, including attendance at meetings of educa- 
tional associations and other organizations, rent and equip- 
ment of offices in the District of Columbia and elsewhere, 
purchase of books of reference, law books, and periodicals, 
stationery, typewriters and exchange thereof, miscellaneous 
supplies, postage on foreign mail, printing and binding to 
be done at the Government Printing Office, and all other 
necessary expenses. 

A full report of all expenses under this section, includ- 
ing names af all employees and salaries paid them, traveling 
expenses and other expenses incurred by each and every 
employee and by members of the board, shall be submitted 
annually to Congress by the board. 

No salaries shall be paid out of the funds provided in 
this section in excess of the following amounts : At the rate 
of $5,000 per annum, to not more than one person; at the 
rate of $4,000 per annum each, to not more than four per- 
sons ; at the rate of $3,500 per annum each, to not more 
than five persons ; and no other employee shall receive com- 
pensation at a rate in excess of $2,500 per annum : Provided, 
That no person receiving compensation at less than $3,500 



6/2 



FEDERAL AID LAWS 



Federal Board 
may receive 
gifts and 
donations. 



per annum shall receive in excess of the amount of com- 
pensation paid in the regular departments of the Govern- 
ment for like or similar services. 

Section 7. That the Federal Board for Vocational 
Education is hereby authorized and empowered to receive 
such gifts and donations from either public or private 
sources as may be offered unconditionally. All moneys re- 
ceived as gifts or donations shall be paid into the Treasury 
of the United States, and shall constitute a permanent fund, 
to be called the ''Special fund for vocational rehabilitation 
of disabled persons," to be used under the direction of the 
said board to defray the expenses of providing and main- 
taining courses of vocational rehabilitation in special cases, 
including the payment of necessary expenses of persons 
undergoing training. A full report of all gifts and dona- 
tions offered and accepted, together with the names of the 
donors and the respective amounts contributed by each, and 
all disbursements therefrom shall be submitted annually 
to Congress by said board : Provided, That no discrimina- 
tion shall be made or permitted for or against any person or 
persons who are entitled to the benefits of this Act because 
of membership or nonmembership in any industrial, 
fraternal, or private organization of any kind under a 
penalty of $200 for every violation thereof. 

Approved, June 2, 1920. 



Teaching of 
agriculture in 
public schools; 
supervision. 



Section 7761-1. Agriculture shall hereafter be taught 
in all the common schools of all village and rural school 
districts of the state of Ohio, which are supported in whole 
or in part by the state, and may be taught in city school 
districts at the option of the board of education. Such 
agricultural instruction in each county district shall be un- 
der the general supervision of the county superintendent of 
schools. 

HISTORY. — 102 V. 38, §1; 104 v. 168; 106 v. 111. 

This section was omitted thru an oversight, the same section 
number having been given to a new section enacted at the 1921 
session of the General Assembly and found on page 399. 



APPENDIX 



LATE DECISIONS AND FORMS 

(673) 



43 s. L. 



LATE DECISIONS AND OPINIONS AFFECTING SCHOOL 

LAWS 



GRISWOLD ACT 



The ordinances, resolutions, measures and proceedings mentioned in Section 
23 of the Griswold Act (109 O. L., 336-348) refer to legislative acts, and the word 
"proceedings" has no reference to administrative acts necessary to be performed in 
executing the legislative will. 

Where all legislation of a municipality necessary for street improvements has 
been fully completed before January 1, 1922, such legislation including authorization 
of bonds in anticipation of assessments upon abutting property to pay for such im- 
provements, but such bonds are not actually sold and delivered until after January 1, 
1922, the provisions of Section 6 of the Griswold Act, Section 2295-9, of the General 
Code, do not apply, and, where the legislation so provides, such bonds may be made 
to mature more than ten years after the date of execution and delivery. — State 
ex rel. Johnson v. Chandler, 105 O. S.— (Decided July 5, 1922.) 

GRISWOLD ACT 

The fiscal officer of the subdivision in certifying the levy for the payment of 
final judgments provided for by Section 5649-lc G. C. should anticipate so far as 
possible the amount needed for the payment of future judgments as well as that 
needed for the immediate payment of judgments already rendered. 

The second sentence of Section 2295-13 G. C. is inoperative; and the treasurer 
of the subdivision is not authorized to invest the proceeds of the judgment fund 
levy in securities. — Op. Atty. Gen. No. 3286, July 1, 1922. 

JOINT HIGH SCHOOL 

^ Where ai village school district and a rural school district unite to maintain a 
joint high school to be conducted by a committee in accordance with 7670 G. C. such 
union of districts is for high school purposes only and the superintendent or principal 
employed cannot be employed for supervision purposes other than the supervision 
of the joint high school so created. Where the provisions of Section 4740 G. C. 
(109 0. L., 243) cannot be harmonized with Section 7670 G. C, and the joint high 
school statutes, as amended in Senate Bill 100, 109 0. L., 373, the provisions of the 
joint high school statutes will govern. 

When a 4740 district and a rural district unite under 7669 G. C. for joint high 
school purposes, such 4740 district loses its status as a 4740 district and the superin- 
tendent or principal employed in such joint high school would be employed in ac- 
cordance with 7670 by the high school committee conducting such joint high school. 

Where a rural district and an exempted village district unite under 7669 G. C. 
for high school purposes, the exempted village district is not required to have the 
sanction of the county superintendent of schools in the employment of the superin- 
tendent of the exempted village district. — Op. Atty Gen. No. 3287, July 1, 1922. 

SUPERINTENDENT OF SCHOOLS 

Under the provisions of Section 4526 G. C, setting forth the powers and duties 
of the board of tax commissioners in a city, the position of superintendent of city 

(675) 



6y6 APPENDIX 

schools is incompatible with the office of member of the board of tax commis- 
sioners (4523) in such city, and the two positions may not be held by one and the 
same person at the same time. — Op. Atty. Gen No. 3291, July 3, 1922. 

ASSESSMENTS FOR TELEPHONE 

A board of education may not pay mutual telephone company assessments. 
— Op. Atty. Gen. No. 3292, July 3, 1922. 

GRISWOLD ACT 

As used in the Griswold Act, Section 2295-14 G. C., the phrase "bonds * * * 
to be retired by means of a sinking fund" designates all bonds outstanding on the 
first day of January, 1922; and as used elsewhere in the same act, the term "serial 
bonds" refers only to bonds issued since that date for which the tax levying ma- 
chinery of Section 5649-lb of the General Code, is provided. 

Until all bonds outstanding on the first day of January, 1922, are retired, 
municipal, school district and county sinking fund trustees and commissions con- 
tinue to exist and have full charge of the payment of all bonds issued by their 
respective subdivisions regardless of the date of issuance, with authority to manage 
and invest the funds raised by -taxation for such purposes. 

The treasurer of the subdivision does not succeed to any of the functions of 
the former sinking fund authorities of his subdivision either with respect to bonds 
issued prior to January 1, 1922, or with respect to bonds issued after that date until 
all bonds outstanding on the first day of January, 1922, have been retired and the 
"bond payment fund" provided for by Section 2295-14 G. C. does not come into 
existence as such until such bonds have been retired. Until such time it is the 
duty of bond issuing authorities such as the county commissioners, to continue to 
offer all bonds to the sinking fund authorities under statutes requiring such offer to 
be made. The treasurer of the subdivision is not authorized to purchase such bonds 
nor otherwise to control the proceeds of bond retirement levies until the sinking 
fund authorities go out of existence, at which time he will succeed to the functions, 
and the bond issuing authorities must thereafter offer the bonds issued by them to 
such treasurer. — Op. Atty. Gen. No. 3302, July 5, 1922. 

^ GRISWOLD ACT 

Opinions Nos. 2923, 3031 and 3302 are modified in view of the decision of the 
Supreme Court in State ex rel. Johnson vs. Chandler, decided July 5, 1922. 

The Griswold Act does not apply to bonds, the legislation or administrative 
action authorizing the issuance of which was complete and effective prior to 
January 1, 1922. 

Bonds of the character above described are to be regarded as sinking fund 
bonds within the meaning of Section 20 of the Griswold Act, Section 2295-14 of the 
General Code, and other similar provisions of that act; so that so long as any 
such bonds which have been issued remain outstanding the local sinking fund au- 
thorities provided for by the law as it existed prior to the enactment of the Gris- 
wold Act, are to continue to exercise their respective functions, though such bonds 
were issued after January 1, 1922. — Op. Atty. Gen. No. 3371, July 21, 1922. 

SUSPENSION OF SCHOOLS 

Where a school has been suspended under the provision of 7730 G. C, the 
board of education cannot move a school-house in which the suspended school^was 
conducted until after a period of four years from the date of such suspension be- 
cause of the rights of the petitioners, mentioned in 7730 G. C, the sole exception 
being where such building has been condemned for school use by proper state au- 
thorities. — Op. Atty. Gen. No. 3424, July 29, 1922. 



APPENDIX 



^71 



FORMS 

SUGGESTIVE FORMS FOR THE USE OF SCHOOL OFFICIALS 

Certificate of fiscal officer. 

Resolution to issue bonds under Sec. 5656, G. C. 

Resolution to submit question of issuing bonds under Sec. 7625, G. C. 

Resolution to issue bonds after vote of electors under Sec. 7625, G. C. 

Resolution to issue bonds without vote of electors under Sec. 7629, 

G. C. 
Resolution to issue emergency bonds under Sec. 7630-1, G. C. 
Notice of bond sale. 

School improvement bond issued under Sec. 7625 with coupon. 
Debt extension bond issued under Sec, 5656 and 1465-58a, G, C. 

with coupon. 
Call for bids and instructions to bidders. 
Bidding form or proposal. 
Proposal bond. 
Contract. 

Contractors bond. 

Contract for transportation of pupils. 
Bond for transportation of pupils. 

Hypothecation of bonds by depositories under Sec. 7604, G. C. 
Depository bond under Sec. 7604, G. C. 
Resolution for increased tax levy under Sec. 7649-5. 
Notice of election for additional tax levy under Sec. 5649-5a, G. C, 
Resolution submitting exemption of interest and sinking fund levies 

under Sec, 5649-6a to 5649-6d, G. C. 
Notice to county auditor of increased tax levy after election under 

Sec. 5649-4, G. C. 
Petition for census. 
Notice of special meetings. 
Oath of school officers. 

Bond of clerk of county board of examiners. 
Clerk's bond. 
Final receipt of clerk. 
School board proceedings. 
Petition _to centralize schools. 
Teacher's contract. 



FORM OF CERTIFICATES OF FISCAL OFFICER 



Form No. 


1. 


Form' No, 


2. 


Form No, 


3. 


Form No. 


4. 


Form No. 


5. 


Form No. 


6. 


Form No, 


7. 


Form No, 


8. 


Form No, 


9. 


Form No, 


10. 


]'"orm No, 


11. 


Form No. 


12. 


Form No. 


13. 


Form No. 


14. 


Form No. 


15. 


Form No. 


16. 


Form. No. 


. 17. 


Form No. 


Is. 


Form No. 


19. 


Form No. 


20. 


Form No. 


21. 


Form No. 


22. 


Form No. 


23, 


Form No. 


24, 


Form No. 


25, 


Form No. 


26. 


Form No. 


27. 


Form No. 


28. 


Form No. 


29. 


Form No. 


30. 


Form No. 


31. 


Form No. 


1. 



(To Precede All Bond Resolutions) 
Sec. 2295-9 to 2295-10, G. C. 



The undersigned, being the fiscal officer of School District, 

acting in compliance with the provisions of Sections 2295-7, 2295-9 and 2295-10 of 
the General Code of Ohio, do hereby estimate the life of the improvement proposed, 

viz., (describe improvement) to be years, and I hereby certify to 

the Board of Education of said school district that years is the 

maximum period of maturity for all of a series of bonds aggregating S 

which the Board of Education at this time proposes to issue for the purpose of 



678 APPENDIX 

, said issue being for one of the purposes included in 

Class of Section 2295-9 G. C. 

Clerk. Board of Education. 
Dated this day of , 19 



Form No. 2. 

FORM OF RESOLUTION TO ISSUE BONDS TO EXTEND TIME OF 

PAYMENT OF INDEBTEDNESS CREATED BEFORE 

JANUARY 1, 1924 

(Section 5656 G. C.) 



Be it resolved by the Board of Education of the School District : 

1. That certain indebtedness heretofore incurred by said district to-wit: that 
incurred in (here state the manner in which the indebtedness was incurred) to the 

amount of $ is hereby determined and declared to be an existing, valid 

and binding obligation of said school district. 

2. That to provide means to extend the time of payment of said indebtedness 
which, from its limits of taxation, said school district is unable to pay at maturity, 
it is necessary to issue and there shall be issued bonds of said school district to 
the amount of $ 

3. Said bonds shall be numbered consecutively from (1), to 

(..), inclusive. Bonds Nos, one (1) to (••)> inclusive, shall be in the 

denomination of dollars ( $ ) and bond No ( . . ) shall 

be in the denomination of dollars ($ ). Said bonds shall be 

dated , 19. .,' and shall bear interest at the rate of per 

cent (..%) per annum, payable semi-annually on the first days of and 

of each year, commencing , 19. ., as evidenced by attached 

coupons. They shall fall due in their numerical order one each year commencing 

, 19... Both principal and interest shall be payable when due at the 

office of the Treasurer of this School District, provided, however, that if said 
bonds are purchased by the Industrial Commission of Ohio, both principal and 
interest shall be payable at the office of the Treasurer of State of Ohio and all of 
said bonds shall be embodied in one bond, payable in installments evidenced by 
combined interest and principal coupons drawn in accordance with Section 1465-58a 
of the General Code. Both bonds and interest coupons shall be made payable to 
bearer and bonds shall be signed by the President and Clerk of the Board. The 
interest coupons shall be signed by the Clerk or he may have his facsimile sig- 
nature printed or lithographed thereon. Should said bonds be purchased by the 
Industrial Commission of Ohio, the combined interest and principal coupons shall 
also be signed by the President and Clerk. 

4. That an annual tax sufficient to pay the interest and principal of said 
bonds as the same fall due and sufficient to create a sinking fund to insure the 
payment of said bonds and interest at maturity shall be and the same is hereby 
levied upon all the taxable property of the School District during each year until 
said bonds and interest have been fully paid. Said tax shall be annually levied, 
certified, extended and collected in the same manner and at the same time and by 
the same officers as .other taxes of the School District. 

5. Be it Further Resolved, That said bonds be first offered to the Board of 
Commissioners of the Sinking Fund of said School District and in the event all or 
any part thereof are not purchased by said Board then said bonds or the remainder 



APPENDIX 679 

thereof shall be offered to the Industrial Commission of Ohio, and if said bonds or 
any part thereof are not purchased by said Industrial Commission the same shall 
be by the Clerk advertised and sold according to law. 

6. The funds derived from the sale of said bonds shall be used for the pur- 
pose of refunding said indebtedness and for no other purpose. 



Form No. 3. 



*FORM OF RESOLUTION 

To Submit Question of Issuing Bonds 

(Sec. 7625 G. C.) 



Be it Resolved and hereby determined by the Board of Education of 

School District : 

Section 1. That for the proper accommodation of the schools of said Dis- 
trict, it is necessary (here state one or more of the purposes named in 

Sec. 7625 G. C). 

Section 2. That the funds at the disposal of the Board of Education or 
that can be raised under the provisions of Sections 7629 and 7630 G. C. are not 
sufficient to accomplish such purposes ; that an estimate of the probable amount 

of money required for such purposes herewith made by the Board is $ , 

and that a bond issue is necessary to secure said amount of money. 

Be it Further Resolved, That the question of issuing bonds of this District 

in said amount of $ be submitted to the electors of the District at 

the regular election (or at a special election) to be held on the , 

19... 

Be it Further Resolved, That the ballots to be used at such election shall 
contain substantially the following language : 

"Shall bonds of the .School District be issued 

in the amount of $ to (here state purpose). 

For the issue of bonds 

Against the issue of bonds 

Be it Further Resolved, That the Clerk is hereby directed to certify a copy 
of this resolution to the Deputy State Supervisors and Inspectors of Elections, 
County, Ohio, and cause notice of such election to be given as re- 
quired by law. 

NOTICE OF ELECTION 

Notice is hereby given by the Board of Education of the 

School District, County, Ohio, that at the general (or special) 

election in said District on the day of , 19.., between the 

hours of 5 :30 A. M. and 5 :30 P. M., Central Standard Time, there will be sub- 
mitted to the electors of said District, the question of issuing bonds in the 
mount of $ , for the purpose of 

By order of the Board of Education of School District. 

Dated , 19... 



Clerk, Board of Education. 



*In order to meet requirements of absent voters' law above notice should be 
published or posted more than 40 days before election. 



68o APPENDIX 

Form No. 4. 

FORM OF RESOLUTION TO ISSUE BONDS 

Pursuant to Vote of Electors 
(Section 7625-7628 G. C.) 



Whereas, On the day of , 19.., pursuant to a resolu- 
tion of this Board of Education adopted on the day of , 19.., 

and pursuant to a proper notice of election published {or posted), according to 

law, there was submitted to the qualified electors of District of 

County, Ohio, at the regular election {or special election called 

for that purpose), held on said date the question of issuing bonds of said School 
District in the amount of ($ ) dollars, for the pur- 
pose of ; 

Whereas, A majority of the electors voting on said question at said election 
voted in favor of the issuance of said bonds, and 

WfiEREAs, On the day or 19.., being the second Mon- 
day following said election, the returns thereof were canvassed by this Board as. 
required by law, and it was found and determined that the majority of the electors 
at said election voted in favor of the issuance of said bonds and the result thereof 
v/as entered upon the records- of the Board, and 

Whereas, This Board does now estimate that the probable cost of 

will be , ($ ) dollars and that in 

order to secure the funds therefor it will be necessary to issue bonds of said school 
district in said amount under authority of said vote. 

Therefore, Be it Resolved by the Board of Education of .' 

School District, That there shall be at this time issued under authority of said 
vote of the electors of this District and under authority of this resolution, bonds 

of the amount of ($ ) dollars to secure funds to 

Said bonds shall be numbered consecutively from 

one (1) to (..), inclusive. Bonds Nos. one (1) to (..), inclusive, shall 

be in the denomination of ($ ) dollars and bonds No. 

( . . ) shall be in the denomination of ($ ....■..) 

dollars. Said bonds shall be dated , 19.., and shall bear interest at 

the rate of per cent (..%) per annum, payable semi-annually on the first 

days of and of each year, commencing , 

19.., as evidenced by attached coupons. They shall fall due in their numerical 

order one each year commencing , 19. .. Both principal and interest 

shall be payable when due at the office of the Treasurer of this School District, 
provided, however, that if said* bonds are purchased by the Industrial Commission 
of Ohio, both principal and interest shall be payable at the office of the Treasurer 
of State of Ohio and all of said bonds shall be embodied in one bond, payable 
in installments evidenced by combined interest and principal coupons drawn in 
accordance with Section 1465-58a of the General Code. Both bonds and interest 
coupons shall be made, payable to bearer and bonds shall be signed by the President 
and Clerk of the Board. The interest coupons shall be signed by the Clerk or he 
may have his facsimile signature printed or lithographed thereon. Should said 
bonds be purchased by the Industrial Commission of Ohio, the combined interest 
and principal coupons shall also be signed by the President and Clerk. 

That an annual tax sufficient to pay the interest and principal of said bonds 
as the same fall due and sufficient to create a sinking fund to insure the payment 
of said bonds and interest at maturity shall be and the same is hereby levied upon 
all the taxable property of the School District during each year until said bonds 
and interest have been fully paid. Said tax shall be annually levied, certified, ex- 



APPENDIX 68 1 

tended and collected in the same manner and at the same time and by the same 
C'fficers as other taxes of the School District. 

Be it Further Resolved, That said bonds be first offered to the Board of Com- 
missioners of the Sinking Fund of said School District and in the event all or any 
part thereof are not purchased by said Board then said bonds or the remainder 
thereof shall be offered to the Industrial Commission of Ohio, and if said bonds 
or any part thereof are not purchased by said Industrial Commission the same 
shall be by the Clerk advertised and sold according to law. The funds derived 

from the sale of said bonds shall be used for the purpose of 

and for no other purpose. 



Form No. 5. 

FORM OF RESOLUTION TO ISSUE BONDS 

To Obtain or Improve School Property 

Without Vote of Electors 

(Section 7629-7630 G. C.) 



Be it Resolved by the Board of Education of School District 

in regular session and two-thirds of all members concurring, that for the purpose 
of (here state the particular purpose), it is necessary to issue and there shall be 
issued under authority of Sections 7629-7630, G. C, bonds to the amtun of 

$ Said bonds shall be numbered consecutively and from one to , 

inclusive. 

(The balance of the resolution may be the same as in Form of Resolution 
under Sec. 7625-7628.) 



Form No. 



FORM OF RESOLUTION TO ISSUE BONDS 
(Emergency Bonds Under Section 7630-1, G. C.) 



Whereas, (here recite one or more of the emergencies mentioned in Sec. 
7630-1). 

Now, Therefore^ Be it Resolved and Determined by the Board of Education 

of the School District that for the proper accommodation of the 

schools of the district it is necessary to erect a school house for the 

school pupils, that the probable cost of said building herewith estimated at 

$ , or to repair or improve the existing school building or buildings 

to meet the requirements of the order of the Industrial Commission ; that the 
funds of the disposal of the board of education, or that can be raised under the 
provisions of section 7629 and section 7630, G. C, are not sufficient to meet the 
cost of erecting said building and that a bond issue therefor is necessary and that 
it is not practicable to secure funds by the issuance of bonds under the provisions 
of sections 7625, 7626, 7627, 7628, 7629 and 7630 of the General Code by reason of 
the limits of taxation applicable to such district and that it is expedient and neces- 
sary to issue said bonds under authority of the provisions of section " 7630-1 as 
amended in 109 O. L., p. 343. 

Be it Therefore Further Resolved, That there shall be under authority of 

said section 7630-1, G. C, as amended, bonds to the amount of $ to 

secure funds to construct a modern, fire-proof school building. Said 

bonds shall be numbered consecutively from to inclusive. Bonds 

numbers to inclusive shall be in the denomination of $ 



682 APPENDIX 

each and bonds numbers to inclusive shall be in the denomination of 

$ each. Said bonds shall be dated , 19.., and shall bear 

interest at the rate of per cent per annum, payable semi-annually on the 

first days of and of each year, commencing , 

19.., as evidenced by attached coupons. They shall fall due in their numerical 

order, one bond each year, commencing , 19. .. Both principal and 

interest shall be payable when due at the office of the treasurer of the school dis- 
trict; provided, hov^ever, that if said bonds are purchased by the Industrial Com- 
mission of Ohio, both principal and interest shall be payable at the ofhce of the 
treasurer of state at Columbus, Ohio, and all of said bonds shall be embodied in 
one bond payable in installments evidenced by combined interest and principal 
coupons drawn in accordance with section 1465-48a of the General Code of Ohio. 
Both bonds and interest shall be made payable to bearer and said bonds shall be 
signed by the president and clerk of the board. The interest coupons shall be 
signed by the clerk or he may have his facsimile signature printed or lithographed 
thereon, except that should said bonds be purchased by the Industrial Commission 
of Ohio the combined interest and principal coupons shall also be signed by the 
president and clerk. 

That an annual tax sufficient to pay the interest and principal of said bonds 
as the same fall due and sufficient to create a sinking fund to insure the payment 
of said bonds and interest at'-maturity shall be and the same is hereby levied upon 
all of the taxable property of the school district during each year until said bonds 
and interest have been fully paid. Said tax shall be annually levied, certified, ex- 
tended and collected in the same manner and at the same time and by the same 
officers as other taxes of the school district. 

Said bonds shall be first offered to the board of commissioners of the sinking 
fund of the school district and in the event all or any part thereof are not pur- 
chased by said board then said bonds, or the remainder thereof, shall be offered to 
the Industrial Commission of Ohio, and if said bonds or any part thereof are not 
purchased by the said Industrial Commission of Ohio, the same shall be by the 
Clerk advertised and sold according to law. 

The funds derived from the sale of said bonds shall be used for the erection 
of a school building and for no other purpose. 



Form No. 7. 



NOTICE OF BOND SALE 
Issue of Emergency Bonds 
School District 



Proposals will be received at the office of , clerk of Board of 

Education of School District, County, Ohio (post- 
office address, ........_ Ohio), until one o'clock P. M. on the day 

of , for the purchase of serial bonds of said School 

District in the sum of $ , dated .• The maximum ma- 
turity of such bonds being years months. Said bonds are numbered 

from one to , both inclusive, and are each for the sum of $ , 

and payable as follows : 

Bonds Nos. 1, 2, 3 and 4, ; bonds Nos. 5, 6, 7 and 8, ; 

bonds Nos. 9, 10, 11 and 12, ; bonds Nos. 13, 14, 15 and 16, ; 

bonds Nos. 17, 18, 19 and 20, ; bonds Nos. 21, 22, 23 and 24, ; 

bobnds Nos. 25, 26, 27 and 28, 



APPENDIX 683 

Said bonds shall bear interest at the rate of % per annum, payable semi- 
annually. No interest shall be due on said bonds until Said 

bonds are issued under authority of Section 7630-1, General Code of Ohio, and 
the other sections of the General Code therein incorporated by reference, and in 

accordance with a resolution passed by the Board of Education of said , 

School District, on the day of Said bonds will be sold 

to the highest bidder for not less than par and accrued interest, but the board 
reserves the right to reject any and all bids. All bids must be sealed and state 
the number of bonds bid for, the gross amount of premium and accrued interest 
to date of delivery. All bids must be accompanied by a certified check in not less 

than of the amount bid upon, upon some solvent bank, payable to the 

order of the Board of Education of said School District, on con- 
dition that if the bid is accepted, that the bidder will pay for such bonds bid for, 
said check to be taken by said board if said bid is accepted as a guarantee of the 
bidder complying with the terms of said sale; otherwise the check to he returned 
to bidder. 

By order of the Board of Education of School District, 

County, Ohio. 

Clerk. 



Formi No. 8. 

United States of America 

State of Ohio 

County of 

School District 



SCHOOL IMPROVEMENT 
BOND 



Know All Men by These Presents : That the. School District, 

County, Ohio, acknowledges itself indebted to and for value re- 
ceived hereby promises to pay to bearer, the sum of 

Dollars 

on the day of , , with interest thereon at the rate 

of per centum (....) per annum, payable semi-annually on the 

day of and of each year ; both principal and 

mterest of this bond are payable in lawful money of the United States of America 

at the Banking Company, . , Ohio, upon 

presentation and surrender of this bond and the interest coupons hereto attached 
as they severally become due. 

This bond is one of a series of (••••) bonds of like date and 

effect except as to maturity, dated , 19 , numbered consecu- 
tively from one to , both inclusive, all of said bonds being in the denomi- 
nation of dollars ($ ) each, aggregating in amount 

dollars ($ ) , issued for the purpose of providing 

funds for purchasing site and for the construction of a school building in said 

School District, authorized by a majority of the electors of said 

School District voting on the proposition to issue said bonds, and in favor thereof, 

at an election regularly and legally held in said School District on the 

day of , 19...., and under and by the authority of the General 



684 APPENDIX 

Laws of the State of Ohio and particularly Section 7625 et seq. of the General 
Code, and jn pursuance and by virtue of a Resolution duly and legally adopted by 

the Board of Education of said School District on the 

day of , 19.... 

It Is Hereby Certified, Recited and Declared, that all acts, conditions and 
things necessary to be done precedent to and in the issuance of this bond in order 
to make the same a legal, valid and binding obligation of said School District, have 
been done, happened and performed in regular and due form, as required by law; 
that the faith, credit and revenues of said School District, together with all the 
taxable property therein situate, are hereb}^ irrevocably pledged for the prompt 
payment of the principal and interest hereof at maturity; that no limitation of 
i?idebtedness or taxation, either statutory or constitutional, has been exceeded in 
issuing these bonds ; and that due provision has been made for the levy and col- 
lection of direct annual taxes sufficient to pay the interest on this bond as it be- 
comes due and to provide a sinking fund for its final redemption at maturity. 

In Witness Whereof, the School District, 

County, Ohio, has caused this bond to be signed by the President and 
Clerk of its Board of Education, and the interest coupons attached 
to bear the fac-simile engraved signature of said Clerk, as of the 

day of ,19 

Board of Education, School District, 

County, Ohio. 



[seal] President. 

Clerk. 

Coupon No $ 

On ,19...., the .... • School Dis- 
trict, County, Ohio, promises to pay to bearer, at 

the Banking Company, , 

Ohio, Dollars and Fifty Cents, being interest then 

due on its .School Improvement Bond, dated , 19 

No. 



Clerk. 



United States of America 

No State of Ohio 

County of 

INDEBTEDNESS EXTENSION 
BOND 



Know All Men by These Presents : That the School 

County, Ohio, acknowledges itself indebted to and for value re- 
ceived hereby promises to pay to bearer the sum of 

Dollars 

in ( ) installments of payments of Dollars 

($ ) each, one of said installments shall fall due on 

the day of of each year from , 19 .... , 



APPENDIX 685 

to , 19...., both inclusive, together with interest at the rate of 

per centum (....%) per annum, computed upon unpaid principal and 

payable semi-annualy on the day of and of 

each year, commencing , 19. . . ., and continuing until the entire prin- 
cipal and interest thereon have been paid. Said principal, installments and all 
interest are payable in lawful money of the United States of America at the office 
of the Treasurer of the State of Ohio, in the City of Columbus, Ohio, upon presen- 
tation and surrender of the several interest and combined interest and principal 
mstallment coupons hereto attached as they respectively mature, except that the 
last numbered coupon shall be payable when due only upon surrender thereof 
and of this bond. 

This bond, drawn in compliance with the requirements of a Resolution of 
Purchase adopted by the Industrial Commission under authority of Section 1465-58a 
of the General Code of Ohio, includes all the bonds of a series of bonds dated 

, 19 , numbered from to , both inclusive, all of 

said bonds being in the denomination of $ each, aggregating in amount 

I (being the principal amount hereof), and is issued for the purpose 

of providing funds with which to pay certain existing, valid and binding obliga- 
tions of said ^. . . School District, County, Ohio, 

which indebtedness, from its limits of taxation, said School District is unable to 
pay at maturity; said bond is issued under and by the authority of the General 
Laws of the State of Ohio, particularly Section 5656 of the General Code, and 
pursuant to a Resolution duly and legally adopted by the Board of Education of 

said. School District, County, Ohio, on the 

...day of , 19 , as amended , 19 

It Is Hereby Certified, Recited and Declared, that all acts, conditions and 
things necessary to be done precedent to and in the issuance of this bond in order 
to make the same a legal, valid and binding obligation of said School District, 
have been done, happened and performed in regular and due form as required by 
law; that the faith, credit and revenue of said School District, together with all 
ihe taxable property therein situate, are hereby irrevocably pledged for the prompt 
payment of the principal and interest hereof at maturity; that no limitation of 
indebtedness or taxation, either statutory or constitutional, has been exceeded 
in issuing this bond; and that due provision has been made for the levy and col- 
lection of direct annual taxes sufficient to pay the interest hereon as it becomes 
due and to create a sinking fund sufficient to provide for the payment of the 
principal installments hereof at maturity. 

In Witness /^hereof. The School District, 

County, Ohio, has caused the signatures of the President and Clerk of its Board 
of Education to be subscribed by said officers to this bond and to the interest and 
to the combined interest and principal installment coupons hereto attached as of 

the day of 19 

Board of Education 



. School District, 
County, Ohio. 



[seal] President. 

Clerk, 



686 APPENDIX 

Bal. Unpaid Principal 

$ 

Coupon No $.... Principal 

$ Interest 

On , 19...., 

Th_e School District, County, 

Ohio, promises to pay to bearer, at the office of the Treasurer, 
of the State of Ohio, Columbus, Ohio, the sum of 

Dollars, 

Dollars being the installment of the principal and 

Dollars being the interest then due on its In- 
debtedness Extension Bond, dated June 5, 1922. 
Bond No. 1. 



President Board of Education. Clerk Board of Education. 



Form No 10. 

CALL FOR BIDS AND INSTRUCTIONS TO BIDDERS 

(Sec. 7623, 2362 and 2363 General Code.) 



Sealed proposals will be received by the Board of, Education of the 

School District of Ohio, at the office of 

the clerk, , in , Ohio, until 

12 o'clock noon, city time, , 19 , and opened by the clerk of 

said board at its first public meeting thereafter, for all labor and material necessary 
for the 

in said, according to plans' and specifications 

dated , 19 , prepared by , architect for 

said board. 

Plans and specifications "for this work are on file at the office of the clerk of 

the board above mentioned, and at the office of the architect, 

Copies of said plans and specifications may be obtained from the architect upon 

the deposit of $ , which deposit will be refunded upon their return in 

good order prior to ,19 

Separate proposals will be received on the work as a whole, upon the general 
contract exclusive of mechanical equipment, upon the following items of me- 
chanical equipment, upon the following items of mechanical equipment: (1) 

, (2) , (3) , 

(4) , or on any combination of items. 

All proposals shall be made in conformity with the General Code of Ohio 
on blank forms furnished by the clerk or architect and shall be enclosed in a 

sealed envelope and addressed to the Board of Education of the 

School District, and endorsed "Proposals for General Contract (or other specific 

item) for the 

," on the outside of " the envelope. 

Each bid shall be accom^panied by a bond with surety or sureties satisfactory 
to the board of education, which surety or sureties shall be either persons resident 

of County, Ohio, or a resident or nonresident surety company 

authorized to do business in Ohio, or by cash or certified check on a solvent bank 

of the city (or county) of , Ohio. The amount of said bond, 

cash or certified check shall be equal to at least % of the total amount 



APPENDIX 687 

of the bid and the bond shall be given in favor of the Board of Education of 

the School District of of Ohio, or the certified 

check shall be forfeited if the said bidder fails to enter into a contract with the 
said board and furnish the required bond within 10' days after notice of acceptance 
of his proposal if the award is made to said bidder. Bonds, cash or checks, or the 
amount of said checks, of the unsuccessful bidders will be returned on demand, 
and the bond, cash or check or the amount of said check of the successful bidder 
upon the execution of the contract and the furnishing of the required bond. A 

bond of per cent of the amount of the contract, with satisfactory 

sureties, will be required for the faithful performance of the work. 

The Board of Education reserves the right to reject any and all bids. 

By order of the Board of Education. 



Clerk. 

President. 

Form No. 11. 

BIDDING FORM 



(Bidders are warned that all proposals which are deficient in any of the re- 
quirements stipulated in the public advertisement and call for bids may be rejected 
as informal.) 
To the Board of Education, 

School Di'Strict, 

, Ohio: 

Gentlemen : 

Having carefully examined the call for bids and the instructions to bidders, 

the specifications and drawings, to . .^. , inclusive, dated 

' , 19...., for (title of improvement as given in specifications) 

School Building located in , , Ohio, 

as well as the premises and all the conditions aflfecting the work, the undersigned 
hereby proposes to furnish all material and labor required by them and in strict 
accordance therewith as indicated under the headings noted below: 

I. Plant, Equipment and General Conditions : 

Labor Dollars Cents $ 

Material Dollars Cents $ 

Total Dollars Cents $ 



II. Excavation, Filling and Grading: 

Labor Dollars Cents | 

Material Dollars Cents $ 

Total Dollars Cents $ 

Unite price per cu. yd. for added or deducted excavation : 
Dollars Cents $ 

III. Concrete, Plain and Reinforced. Composition and Cement Floors, 

Cement Finish and Sidewalks : 

Labor Dollars Cents $ 

Material Dollars Cents $ 

Total Dollars Cents $. 



688 



APPENDIX 



Unit price per lb. for reinforcing steel in place: 

Dollars Cents $ . 

Unit price per sq. ft. for wood forms, erected and wrecked: 

Dollars Cents | . 

Unite price per cu. yd. for added or deducted concrete: 

Dollars Cents $ . 

IV. Structural Steel and Miscellaneous Iron Work: 

Labor Dollars Cents $ . 

Alaterial Dollars Cents $ . 

Total Dollars. . . Cents $. 

V. Structural Slate: 

Labor Dollars Cents $ . 

Material Dollars Cents $. 

Total Dollars Cents $. 

VI. Roofing and Sheet Metal Work : 

Labor Dollars Cents $ . 

Material Dollars Cents $ . 

Total Dollars Cents $. 

VII. Brick Masonry: .^ 

Labor • Dollars Cents $ . 

Material Dollars Cents $. 

Total Dollars Cents $. 

VIII. Stone Masonry : 

Labor Dollars Cents $ . 

Material Dollars Cents $ . 

Total Dollars Cents |. 



IX. Painting and Glazing : 

Labor Dollars . 

Material Dollars , 

Total Dollars . 

X. Lathing and PLASTERiisrc : 

Labor Dollars . 

Material Dollars , 

Total Dollars . 



Cents $. 
Cents |. 
Cents $. 



Cents $. 
Cents $. 
Cents $, 



XL Carpenter Work and Hardware: 

Labor Dollars : Cents $ . 

Material Dollars Cents $ . 

Total Dollars Cents $. 

General Contract : 

Total for Items I to XI inclusive : : 



Labor Dollars Cents $ . 

Material Dollars Cents $ . 

Total Dollars Cents $ . 

Mechanical Equipment 
XXL Electric Work, Wiring and Bells: 

Labor Dollars Cents $ . 

Material Dollars Cents $ . 

Total Dollars Cents $ . 



At'PENDIX 689 

XIII. Plumbing, Gas Piping, Sewers and Drains : 

Labor Dollars Cents $ 

Material Dollars Cents $ 

Total Dollars Cents $ 



XIV. Heating and Ventilating : 

Labor Dollars Cents $ . 

Material Dollars Cents $ . 

Total Dollars Cents $. 

XV. Automatic Temperature Regulation : 

Labor Dollars Cents $ . 

Material ' Dollars Cents $. 

Total Dollars Cents $. 



Combination Bids 

Note: Combination bids will only be considered if separate bids are submit- 
ted on each of the items of the combination. The amount of the combination bid 
need not be equal the sum of the separate bids : 

Total for Items and : 

Labor Dollars Cents $ 

Material Dollars Cents $ 

Total .■ Dollars Cents $ 

Total for Items and : 



Labor ,....'. Dollars Cents $ . 

Material Dollars Cents $ . 

Total '. Dollars Cents $ . 

Total for Items I to XV inclusive : 



L abof Dollars Cents $ . 

Material Dollars Cents $ . 

Total •. Dollars Cents $ . 



If Item XV is bid in combination with any other item or items the bidder 
shall name here the kind of temperature regulation he is bidding upon 



Alternates 

1. For substitution of for as described in 

art of the specifications. 

Add — Labor $ . 

Material $ . 

Total $ . 

Deduct — Labor $ . 

Material $ . 

Total $- 



If the foregoing proposal shall be accepted by the Board of Education of 

the. School District of County, Ohio, and the 

undersigned shall fail to execute a satisfactory contract as stated in the adver- 
tisement hereto attached, then the Board of Education may, at its uption, determine 
that the undersigned has abandoned the contract, and thereupon this proposal 
shall be null and void, and the certified check or bond accompanying this proposal, 
or the amount of said certified check, shall be forfeited, to, and become the prop- 

44 s. L. 



690 APPENDIX 

erty of the Board of Education; otherwise the bond or certified check, accompany- 
ing this proposal, or the amount of said check, shall be returned to the undersigned. 

Attached hereto is a bond or certified check on 

Bank of , Ohio, for the sum of 

Dollars ($ ), according to the terms of the advertisement. 

The full name and residence of all persons and parties interested in the 
foregoing bid as principals are as follows": 

Name. Address. 



Signature of bidder , 

Business address of bidder 

Dated at the day of . 



The bidder is required to state in detail below what work of a character 
similar to that included in the proposed contract he has done and to give references 
and such other information as will enable the Board of Education to judge of his 
responsibility, experience, skill, and business and financial standing. 



Form No. 12. 

Proposal Bond 

(Not to be filled out if certified check is submitted.) 

Know All Men by These Presents: That we, the undersigned 

as principals, and 

as sureties, 

are held and firmly bound unto the Board of Education of 

School District, of County, Ohio, in the penal sum 

of '. Dollars ($ ), 

for the payment of which, well and truly to be made, we hereby jointly bind our- 
selves, our heirs, executors, administrators, successors and assigns. 

Signed this day of , 192 

The condition of this obligation is such that if the foregoing proposal is 

accepted and the contract awarded to the above named bidder 

, and the said bidder shall, within ten (10) days 

after the award of said work, enter into contract in writing, with surety or 
sureties, to be approved by the Board of Education, for the faithful performance 
of said contract, this obligation shall be void, otherwise the same shall be in full 
force and virtue in law. 



APPENDIX 691 

Form No. 13. 

CONTRACT 
For the 

This agreement made this day of by and 

between the Board of Education of the School District 

Ohio, party of the first part and 



hereinafter designated as the Contractor, party of the second part : 

Witnesseth, That the parties to these presents each in consideration of the 
undertakings, promises and agreements on the part of the other herein contained, 
have undertaken, promised and agreed and do hereby undertake, promise and 
agree, the party of the first part for itself, its successors and assigns, and the 

part of the second part for 

and heirs, executors and administrators or successors, 

as follows : 

That the part...... of the second part in consideration of the sums "of money 

hereinafter mentioned to be paid by said party of the first part to said part 

of the second part shall and will at own cost and 

expense furnish all the materials, tools and labor for, and build the 

County, Ohio, in accordance with 

the specifications and general provisions hereto attached and the drawings therein 
mentioned, which specifications, general provisions and drawings together with the 
advertisement, information for bidders and proposal hereto attached, are hereby 
made a part of this agreement. 

General Provisions 



IN WITNESS WHEREOF, the said parties have hereunto set their hands 
and seals, and have executed this agreement the day and year first above written. 

Board of Education of School District. 

By , 

President. 

Clerk. 

Contractor. 

Form No. 14. 

BOND 

(The sufficiency of a personal bond must be certified to by County Auditor.) 



Know All Men by These Presents, That we, the undersigned 

as principal, 

and 

as sureties, are hereby held and firmly bound unto the Board of Education of the 

School District, , Ohio, in the penal 

sum of , Dollars ($ ) 



692 APPENDIX 

for the payment of which well and truly to be made, we hereby jointly and several) 
bind ourselves, our heirs, executors, administrators, successors and assigns. 

Signed this day of , 192 

The Condition of the Above Obligation is Such, that whereas the above 

named principal did on the day of , 192 , enter into a 

contract with the Board of Education of the School Dis- 
trict, , Ohio, which said contract is made a part of this bond and 

the same is set forth herein. 

Now, if the said : 

shall well and faithfully do and perform the things agreed by to 

be dene and performed according to the terms of said contract; and shall pay 
all lawful claims of sub-contractors, material men and laborers, for labor per- 
formed and materials furnished in the carrying forward, perfoming or completing 
of said contract ; we agreeing and assenting that this undertaking shall be for the 
benefit of any material man or laborer having a just claim, as well as for the 
obligee herein; then this obligation shall be void; otherwise the same shall remain 
in full force and effect; it being expressely understood and agreed that the liability 
of the surety for any and all claims hereunder shall in no event exceed the penal 
amount of this obligation as herein stated. 

The said surety hereby stipulates and agreees that no modifications, omissions, 
or additions, in or to the terms of the said contract or in or .to the plans or 
specifications therefor shall in any wise affect the obligations of said surety on 
its bond. 

The foregoing bond is hereby approved. 
, 192 



President. 

Clerk, 

Contractor. 

Surety. 

Surety. 



Form No. 15. 

CONTRACT FOR TRANSPORTATION OF PUPILS — BOND ATTACHED 

This Contract, made and entered into this day of , 

192. . . ., by and between the Board of Education of School 

District, County, State of- Ohio, party of the first part, and 

of the County of , State of Ohio, party 

of the second part, Witnesseth : 

That the said party of the first part, the Board of Education of the 

School District, County and State aforesaid, agrees and binds 

itself to furnish to the said , 

party of the second part, for the purpose of conveying children in the said school 

district to and from the said school for the period of 

months, twenty days to the month, beginning on , 192 , 

and continuing for the specified time. 

The said agrees to furnish 

necessar}^ to convey the children to and from school and to 

himself or to have , a person acceptable to the party of the first 



APPENDIX 693 



part, with a certificate as required by law. It is also agreed the. 
will start from and shall follow . . . . 



roads to the school building, and shall conve}^ all pupils of legal school age on 
said routes, or within lawful distance of same (Sec. 7731) to said school building, 
who shall be in attendance at said school or who shall desire to enter said school, 
stopping at such places as may be designated by the party of the first part for 
receiving and unloading pupils. 

It is also agreed that no children living within of said 

school shall be permitted to ride in said without consent of 

Board of Education. 

The Board of Education of the School District agrees 

to pay said the sum of ($ ) 

per month for his services as stated above, said sum to be payable at the end 

of each month, and said is at all times subject to the direction 

of the Principal of said school, and said Board of Education reserves the right 

to discontinue said service and at any time, should the service 

prove unsatisfactory, or whenever the schools may be closed because of an epi- 
demic of disease. 

Each party to this contract agrees to the specifications hereinafter given as 
follows : 

Specifications 

First — The driver must start from the further terminal of his route at such 

time as will enable him to reach the schoolhouse not later than A. M., 

provided, however, that no pupil be loaded before .'A. M. 

Second — The driver shall make a full stop at each railroad crossing and 
make sure that no trains are approaching from either direction. (Sec. 7731-2 
G. C). 

Third — The driver must be at the schoolhouse at P. M. to receive 

his load, or at such other times as the Board of Education or Principal may direct. 

Fourth — The driver is required to keep his under shelter 

when not in use, and exercise care in preserving it. 

Fifth — The driver shall keep the in a sanitary condition 

and well ventilated at all times. 

Sixth — The driver shall seat the pupils in the , subject to 

the approval of the Principal, and see to it that proper conduct is maintained on 
the 

Seventh — Should any pupil persist in bad conduct on the 

it shall be the duty of the driver to disqualify the pupil from riding, and the pupil 
so disqualified shall not be permitted to ride again until permission is given by 
the Board of Education. 

Eighth — The driver shall furnish bond for the faithful performance of the 
stipulations of this contract that pertain to his duties in a sum to be fixed by the 
Board of Education, with sureties acceptable to them. 

In v/itness whereof we have hereunto set our hands on the day and date 
above mentioned. 

Board of Eedw^cation. 

By President. 

Clerk. 

Contractor.. 

The above form of contract may be used where the vehicle is furnished by 
the Board of Education. It can be changed readily, to conform to local conditions. 



694 APPENDIX 

Form No. 16. 

Bond 

Know All Men by These Presents, that we as 

principal and and as 

sureties, are held and firmly bound unto the Board of Education of the 

School District, County, State of Ohio, in 

the sum of Dollars ($ ) for the payment of which 

we jointly and severally bind ourselves. 

The condition of the above obligation is this : That the said contractor has 
this day entered into the above contract to transport pupils as indicated in said 
contract. Now, if the said contractor shall well and truly perform the condition 
of said contract, on his part to be performed, then this obligation shal be void; 
otherwise it shall remain in full force and virtue in law. 

Bond approved this, the day of , 192 .- 

, President. 

, Clerk. 

.: , Contractor, 

, Surety. 

, Surety. 



Form No. 17. 

HYPOTHECATION OF BONDS BY DEPOSITORIES 

Sec. 7604 to 7609 G. C 

Whereas, the Board of Education of School District, 

County, Ohio, did on the day of ., 

19 , designate the Bank of , Ohio, 

as depository for the money of said School District in any 

sum not exceeding Dollars, in and by virtue of the pro- 
visions of Sections 7604 to 7609, both inclusive, of the General Code of Ohio, and 

Whereas, at a legal meeting of the board of directors of said bank, held 

on the day of , 19 , a resolution was duly adopted 

authorizing , -as president, and , as cashier 

of said bank, to enter into a good and sufficient undertaking payable to the board 

of education of said School District, or to hypothecate 

securities, owned by said bank, hereinafter described, as collateral security, or both, 
in such sum not less than the maximum amount above mentioned, as such board 
of education may direct, conditioned for the receipt, safe-keeping and payment 
over of all of the money of said school district, deposited with said bank with 
the interest thereon at the rate specified in the proposal, and for the faithful per- 
formance of all duties imposed by law upon depositories of money of said school 
district, a certified copy of which resolution is hereto attached and made a pari 
hereof, and 

Whereas, at a legal meeting of said board of education of said 

School District a resolution was duly adopted authorizing 

, the president, and , the clerk of said board 

to accept said securities, owned by said bank and hereinafter described, as col- 
lateral security for a sum not to exceed Dollars, to be deposited 

with said bank according to the terms of the aforesaid proposal and designation, 
now, therefore, 

WITNESSETH : That the undersigned as said ofificers of said bank hereby 
transfer and have this day duly pledged and delivered to the Board of Education 



APPENDIX 695 

of said School District, as collateral security as aforesaid for 

the faithful performance of said contract so awarded and the faithful performance 
of the duties imposed by law upon depositories of school funds, the following 
described securities : 

(Here describe the bonds under the following heads: Number, 
Bonds issued by. Serial Numbers, Date of Issue, Date due, Rate of 
Interest, Face Value, Estimated market value.) 
All of the above described securities shall be the property of the Board of 

Education of said School District, in case of any default upon 

the part of said bank in its capacity as depository. The above described securities 
may be negotiated or released only by a resolution of the Board of Education 

of said School District, authorizing such negotiation or release, 

passed by a majority vote of the full membership thereof, at a regular meeting or 
at a special meeting called for that purpose. 

In Witness Whereof, the said Bank has hereunto 

subscribed its name and affixed its corporate seal, by and through its president 

and cashier, being thereunto duly authorized, this day of , 

A. D. 19 

, Bank. 

[seal] By , President. 

Attest : , . Cashier. 

The above bonds as hereby accepted as collateral security for the deposit in 

any sum not to exceed $ 

The Board of Education of 

School District, 

By , President. 

Attest : , Clerk. 

(In case the cashier of the depository bank is designated by some 
other title, such title should be substituted for the word "cashier" wherever the 
same appears in the above prescribed form.) 



Form No. 18. 

BOND OF DEPOSITORY FOR SCHOOL FUNDS 

Sections 7604 to 7609 G. C. provides bond to be given in January of even numbered 
years unless securities hypothecated. 



Know All Men by These Presents : 

That the 

(name of bank) 

as principal, and 

(names of sureties) 
as sureties, are jointly and severally bound unto the Board of Education of the 

School District, County, iDhio, in the 

sum of Dollars, ($ ), for the payment of which 

the said. The 

(name of bank) 

and 

(names of sureties) 
above named, do bind themselves, their successors and assigns. 

The Condition of This Obligation is Such, that whereas, the said The 

has been duly designated and 

(name of bank) 
approved as a depository for the purpose of receiving on deposit funds of the 



696 Appendix 

Board of Education of the said School District, pursuant to the provisions of 
Sections 7604 to 7609 inclusive of the General Code, 

And Whereas, the Board of Education of the School 

District has duly selected and designated The 

(name of bank) 

as a depositor}-, and has agreed to deposit with the said The 

from time to time, the public moneys of .he 

(name of bank) 
school district, and in accordance with the law has required of the said The 

a bond to executed and deposited 

(name of bank) 
with it, with suret}^ thereon, and conditioned as required by said beard. 

Now Therefore, if the said The 

(name of bank) 
shall pay over to the said Board of Education for the use of said school district, 
upon demand made therefor, or upon the written order of said board, any and all 
moneys which, now are in the custody of said bank belonging to the said school 
district, or which from time to time hereafter, may come into the custody of such 

The under and by virtue of said provisions 

(name of bank) 
of law, free from any discount or deduction of any kind therefrom, and shall 
further pay to the said Board of Education for the use of the school district, 

interest upon the daily balances on such deposit or deposits, at the rate of 

per centum per annum, payable at the time specified by said board without demand 
therefor, and shall do each and every act as required of such .depository by the 
provisions of law or the resolution of such board, and shall save the Board of 
Education from any loss whatsoever upon such deposit or deposits made with the 

said and if the 

(name of bank) 

said shall pay to and settle with the 

(name of bank) 
Board of Education the amount due in full (including interest to the Beard of 

Education from said The whenever 

(name of bank) 

such r has failed, refused or neglected 

(name of bank) 
to pay over to the Board of Education any and all moneys which may be in the 

custody of said belonging to the 

- _ (name of bank) 

school district and covered by this bond, then this obligation shall be void, other- 
wise it shall be and remain in full force and effect. 

In Witness Whereof, The 

(name of bank) 

a s principal, and as sureties, have 

(name of sueties) 
caused this bond to be signed by the proper officers of such bank, and such sureties, 

this day of 

The , 

(Correct legal title of bank) 

(Affix By.! , Its President, and 

( Seal of Bank) , Its Secretary, Cashier. 

, Surety. 

, Surety. 

,. , Surety. 



APPENDIX 697 

Section 2726 G. C. provides short form of bond for deposit of county funds 
which probably could be utilized for deposit of school funds. Above suggested 
form was adopted from that used for deposit of state funds. 



Form No. 19. - ' 

FORM OF RE-SOLUTION UNDER SECTION 5649-5 OF THE 
GENERAL CODE 



Be it Resolved by the Board of Education of the 

School District: 

It is hereby declared by the Board of Education of the 

School District that the amount of taxes that may be raised in the said school 
district by the levy of taxes for school purposes at the maximum rate authorized 
by sections 5649-2 and 5649-3 of the General Code will be insufficient, and it is 
therefore 

Resolved, That it is expedient to lexy taxes at a rate in excess of such rate, 

to-wit, at the rate of .mills (here insert the number of mills desired to 

be levied) for and during...^ (not exceeding five) years, on the 

general property duplicate of said school district, for any and all purposes fo) 
which taxes may be lawfully levied therein for school purposes. 

Be it further Resolved, That a copy of this resolution shall be certified by 
the clerk of the board of education to the deputy state supervisors (and inspectors) 

of (here insert the county or counties in which 

any part of the district is located) count 



Form No. 20. 

NOTICE OF ELECTION UNDER SECTION 5649-5a OF THE 
GENERAL CODE 

Notice is hereby given that a proposition to levy additional taxes for school 

purposes for and during the period of.. years, at a rate not exceeding 

mills in addition to the maximum rate authorized by law, will be 

subpiitteed to the electors of the.... school district at an election 

to be held on , the day of , 19 , 

at the usual polling places in said district, between the hours of 5 :30 o'clock- 
forenoon and 5 :30 o'clock afternoon. 



Clerk of the Board of Education of the School District. 

Board of Deputy State Supervisors (and Inspectors) of County. 

By : ., 

Chairinan. 

Clerk. 

(This notice must be inserted in one or more newspapers printed in the 
taxing district once a week for four consecutive weeks. If no newspaper is printed 
in the district, the notice must be posted in a conspicuous place in the district 
and published once a week for four consecutive weeks in a newspaper of general 
circulation in the district. The section (5649-5a) is ambiguous, in that it requires 
twenty days' notice and permits the election to be held twenty days after the 
adoption of the resolution. The only safe course is to adopt the resolution in time 
so that the four weeks publication can be made. 



698 APPENDIX 

The section is also ambiguous with respect to who shall give the notice of 
election. The above form complies with all the laws which could possibly apply by 
having the notice signed by the clerk of the board of education and the deputy 
state supervisors of elections.) 



Form No. 21. 

FORM OF RESOLUTION UNDER SEC. 5649-6a TO 5649-6d 



Whereas, the (county, township, 

municipal corporation or school district) of , Ohio, on January 

20, 1920, had a bonded indebtedness in the amount of $ , $, 

of which was then outstanding, $ of which had been authorized by 

a vote of the electors at elections held prior to said date, and $ of 

which was provided for by ordinance (or resolution) adopted on or before said 
date. Therefore, 

BE it Resolved by the ". (commissioners, trustees, board of 

education, etc.) of the of , Ohio, that there 

shall be submitted to the electors of the said at the (regular or 

primary) election held on , the day of , 

19...., the proposition of exempting from the limitations of section 5649-2, 5649-3a 
and 5649-5b of the General Code all subsequent levies for interest and sinking fund 
purposes on account of said bonds outstanding on January 20, 1920, or authorized 
prior to or otherwise provided for by resolution (or ordinance) adopted on or 
before said date. The rate of taxes that would be required for such purposes 

in the year on the basis of the estimated duplicate for such year is 

mills. The number of years during which the exemption from such 

limitations would apply is 

Be it further Resolved, that a copy of this resolution shall be certified to the 

deputy state supervisor (or deputy state supervisors and inspectors)' of 

count 



Form No. 22. 

NOTICE TO COUNTY AUDITOR OF INCREASED TAX LEVY 
AFTER ELECTION 



Whereas^ At an election held on the day of , 

19 , there was submitted to the electors of School District, 

under authority of section 5649-4 G. C, the question of levying a tax outside of 

the limitations of law, at a rate of mills* on each dollar of taxable 

property of said district, or in the sum of $. , as provided by law ; 

and the board of education, after having canvassed the returns of said election, 

finds that votes were cast in favor of making such levy and 

votes against said levy, and that said question carried ; and 

Whereas, The tax budget for said district for the ensuing year has been 
prepared and is now in the hands of the county auditor; now, therefore, 

Be it Resolved by the Board of Education of School 

District: That there is hereby levied on the taxable property of said school 
district a tax of three (3) mills on each dollar valuation thereof by said board 
of education; that a copy of this resolution be put into the hands of said auditor 
forthwith by the clerk of the board of education for his information and action ;** 

*The budget commission is without authority to disturb the levy so long as it 
is not more than 3 mills beyond the exterior limitations of the Smith Law. 

**Remaining part of the form need be used only when more than 3 mills are 
levied beyond exterior limitations of the Smith Law, 



APPENDIX 699 

that the county auditor be requested to correct the school tax budget, as required 

herein, to include said levy, or a sum amounting to $ , to be thus 

distributed thus : For contingent fund $ , for tuition fund $ , 

for building fund $ , for other funds $ 



President. 
Clerk. 



Form No. 23. 

FORM FOR PETITION TO HAVE CENSUS TAKEN 

To the Board of Education of School District, 

County, Ohio. 

The undersigned, constituting at least one hundred of the qualified electors 

of the school district of County, Ohio. 

respectfully petition your honorable body to order a census, to be taken of said 
school district as provided in section 4688-1 of the General Code of Ohio. 

Signatures. 



I hereby certify that this list of petitioners contains the names of one 

hundred legally qualified electors in school district, 

^ County, Ohio. 



The board of Education upon its own motion may order a census of the 
school district to be taken. 



Form No. 24. 

NOTICE OF SPECIAL MEETINGS 
Notice is hereby given that there will a meeting of the board of educa- 
tion of school district, County, 

Ohio, on the day of at 

o'clock .... M., to consider any business which may be considered necessary. 



President. 

Clerk. 

= ,19.... 

Note : — A special meeting may be called by the president, clerk or two 
members of the board. This form may be adapted to the use of county boards 
of education. 



Form No. 25. 

■ OATH OF SCHOOL OFFICERS 

Jhis form of oath may be used for school board members and officers and 
may be administered by the clerk or any board member, or any person authorized 
to administer oaths : 

I, , do solemnly sw.ear 

(or affirm) that I will support the constitution of the United States, and the 
constitution of the State of Ohio; and that I will faithfully and impartially dis- 
charge my duties as in and for the 

school district, County, Ohio, to the best of my ability. 



700 APPENDIX 

and in accordance with the laws now in effect and hereafter to be enacted, during 
my continuance in said office and until my successor is chosen and qualified. 



Sworn to and subscribed before rfie, this day 

of A. D. 19 



Form No. 26. 

BOND OF CLERK OF COUNTY BOARD OF EXAMINERS 

Know All Men by These Presents: That we 

, are held and firmly bound unto the 

State of Ohio, in the sum of Dollars, for the 

payment whereof we jointly and severally bind ourselves. 

Whereas, the said has been duly 

elected and qualified as county superintendent of schools of 

County, and state of Ohio, for the term of 

P years frotn the l day of 

, A. D., 19 .... , and until his successor 

is chosen and qualified, and is therefore clerk of the county board of school ex- 
aminers of the said county. 

Now, if the said will 

pay into the county treasury monthly the examination fees received by the board, 
make the statistical returns required by law and otherwise perform faithfully all 
duties required of him as clerk of said board, then this obligation shall be void; 
otherwise it shall remain in full force. 

Signed and sealed by us this day of , . . 

, A. D., nineteen, hundred and 



The sureties on the above bond, and its amount, approved by. 

County Auditor of County this 

day of , A. D. 19 



Auditor. 

Form No. 27. 

CLERK'S BOND 

Know All Men by These Presents, That we 

are held and firmly bound unto the state of Ohio, in the sum of 

dollars, for the payment whereof we jointly and severally bind ourselves. 

Whereas, the said has been duly chosen and qualified 

as clerk of the board of education of district 

m township county, and state of Ohio, for 

the term of two years from the day of January, A. D. 19 , and 

until his successor is chosen and qualified. 

Now, the condition of the above obligation is such, that if the said 

shall faithfully perform all the official duties required of him 

as clerk of said board, then this obligation will be void; otherwise it shall be 
and remain in full force. r 



APPENDIX 701 

Signed and sealed by us this day of , A. D. nineteen 

hundred and 



The sureties on the above bond, and its amount, approved by said board 
this day of , A. D. 19 



President of said Board. 

Form No. 28. 

FINAL RECEIPT OF CLERK 

$ , Ohio, , 19. . . . 

Received of , retiring clerk of school 

distsrict, the sum of dollars, the record book, account book, 

school laws, teachers' certificates and reports, and the other official books and 
papers in his hands. 



Clerk. 



Form No. 29. 

SCHOOL BOARD PROCEEDINGS 
(For minutes of board) 

, County, Ohio, 19 ... . 

Upon call of the chairman, the 

Board o f Education met in the at 

o'clock, M., on the., day of 

19...., with the following members present: 



Clerk. 

After reading and approval of the minutes of the preceding meeting the 
following business was transacted : 

(Here make complete record of all business of the board. All motions 
should be recorded whether carried or lost. 

The above is a correct record of the proceedings of the board of education 
on , 19.... 



President. 
Clerk. 



Form No. 30. 

FORM FOR PETITION TO CENTRALIZE SCHOOLS 

To the Board of Education of School District, 

County, OHo. 

The undersigned, constituting at least one-fourth of the qualified electors 

in school district, respectfully petition your honorable body 

that the question of centralization of the schools of the 

school district be submitted to a vote of the qualified electors of said school 



/'02 Appendix 

district, and that your body proceed therefore as provided in section 4726, Gen- 
eral Code of Ohio. 

Signatures. 



I hereby certify that the above named electors of 

school district county, Ohio, are legally qualified electors 

and constitute one-fourth of the electors of such school district. 

The Board of Education is also required upon order of the County Board 
of Education to submit this question to the voters. 

If this question is lost at the election thus ordered it may not be submitted 
again for a period of two years unless a petition is made by at least forty per cent 
of the electors of the district. 



Form No. 31. 

TEACHER'S CONTRACT 

An agreement entered into between of 

county, Ohio, and the Board of Education of 

school district in , county, Ohio ; the 

said hereby agrees to teach in the public schools of said 

district for a term of months, and also agrees to abide by 

the rules and regulations of the schools of said district. And in consideration of 

such services, the said board of education agrees to pay said the 

sum of dollars, payable monthly at the office of the 

treasurer of the board of education. 

It is further agreed that the provisions of Section 7700 of the General Code 
are a part of this contract. 

Entered into this day of ,19 



Teacher. 

I 

President. 

Clerk. 



Any provisions may be easily inserted. 



NUMERICAL INDEX OF CODE SECTIONS 



Section Page 

1 15 

2 15 

3 15 

7 16 

8 16 

10 16 

15 17 

17-1 17 

18 18 

19 18 

24 18 

28 19 

29 19 

30 19 

154-3 44 

154-4 44 

154-5 44 

154-6 44 

154-7 45 

154-8 45 

154-14 45 

154-15 45 

154-16 46 

154-17 46 

154-18 46 

154-19 46 

154-20 46 

154-21 47 

154r-22 47 

154-23 47 

154-24 47 

154-25 48 

154-26 48 

154-40 550 

154-46 49 

154-47 49 

154-48 49 

154-49 49 

154-50 50 

154-51 50 

154-52 50 

154-53 50 

154-54 51 

154-55 51 

154-56 51 

251 Repealed 

260-1 20 

274 263 

283 264 

284 264 

286 264 

352 51 

352-1 51 

353 52 

353-1 52 

354 52 

355 52 

356 52 

(703) 



Section Page 

357 53 

358 53 

359 53 

360 53 

361 54 

362 54 

363 54 

364 54 

365 55 

366 55 

367 55 

367-1 55 

367-2 57 

367-3 Repealed 

367-4 Repealed 

367-5 57 

367-6 57 

367-7 58 

367-8 58 

367-9 :. 58 

367-10 59 

367-11 59 

367-12 59 

486-1 20 

486-2 20 

486-3 21 

486-4 21 

486-5 21 

486-6 22 

486-7 22 

486-8 24 

486-9 27 

486-10 27 

486-11 28 

486-12 29 

486-13 30 

486-14 31 

486-15 32 

486-16 32 

486-17 33 

486-17a 33 

486-18 34 

486-19 35 

486-20 37 

486-21 37 

486-22 38 

486-23 38 

486-24 30 

486-25 39 

486-26 Si> 

486-27 40 

486-28 40 

486-29 40 

486-30 41 

486-31 41 

710-111 245 

1031 307 

1032 308 



704 



NUMERICAL INDEX OF CODE SECTIONS 



Section Page 

1033 309 

1034 309 

1035 309 

1036 309 

1037 " 309 

1261-3 27C^ 

1261-26 328 

1270 59 

1274-5 : 60 

1283 6i 

1289 61 

1295-5 61 

1295-28 62 

,1303-1 63 

1321-1 fcii 

1342 65 

1352 637 

1352-1 637 

1352-2 638 

1352-3 638 

1352^ 639 

1352-5 640 

1352-6 640 

1352-7 641 

1352-8 641 

1352-9 : . . . . 641 

1352-10 642 

1352-11 642 

1360 630 

1361 630 

1362 630 

1363 630 

1364 630 

1365 631 

1366 631 

1367 631 

1368 63! 

1369 631 

1373 m 

1465-58 231 

1465-58a 232 

1465-60 365 

1465-61 • 365 

1465-62 36C 

1465-63 366 

1639 599 

1639-1 600 

1640 600 

1641 - 600 

1642 600 

1643 G03 

1644 604 

1645 605 

1646 " 606 

1647 606 

1648 -. 60V 

1648-1 608 

1649 608 

1650 608 

1651 609 

1652 609 

1652-1 611 

1653 -. 611 

1653-1 612 

1654 ; 613 

1655 614 



Section Page 

1655-1 : 614 

1656 615 

1657 615 

1658 615 

1659 616 

1660 616 

1661 616 

1662 617 

1663 617 

1664 618 

1665 618 

1666 -618 

1667 618 

1668 618 

1669 619 

1670 619 

1671 620 

1672 .7 620 

1673 ..." 621 

1674 622 

1675 622 

1677 622 

1678 623 

1679 623 

1680 623 

1681 623 

1682 624 

1683 624 

1683-1 624 

1683-2 : : . 625 

1683-3 626 

1683-4 627 

1683-5 627 

1683-6 627 

1683-7 627 

1683-8 627 

1683-9 627 

1700 •. 66 

1701 67 

1701-1 67 

1841-1 648 

1841-2 648 

1841-3 648 

1841-4 649 

1841-5 649 

1841-6 649 

1841-7 650 

1851-1 67 

1851-2 67 

1851-3 67 

1872 633 

1873 633 

1874 633 

1875 633 

1876 634 

1877 634 

1878 634 

1879 634 

1880 634 

1881 635 

1884 631 

1885 632 

1885-1 632 

1886 632 

1887 632 

1888 633 



NUMERICAL INDEX OF CODE SECTIONS 



705 



Section Page 

1889 633 

1801 612 

1802 643 

1893 613 

1804 6t3 

1805 eu 

1004-1 644 

1004-2 644 

1004-3 615 

1031 652 

1931-1 652 

1032 653 

1032-1 653 

1033 653 

1034 653 

1035 654 

1036 654 

1937 654. 

1938 654 

1939 654 

1940 655 

1941 655 

1942 655 

1943 655 

1944 656 

1W5 656 

1946 656 

1946-3 656 

1946-4 657 

2073 635 

2074 635 

2075 635 

2076 635 

2077 636 

2078 636 

2079 6-^6 

2080 636 

2081 Q'^e 

2082 637 

2083 615 

2084 645 

2084-1 616 

2084-2 646 

2001 646 

2004 646 

2101 646 

2103 6{6 

2103-2 617 

2106 647 

2111 647 

2112 617 

2115 648 

2105 650 

2105-1 650 

2105-2 650 

2195-3 650 

2105-4 651 

210.5-5 651 

2105-6 651 

210.5-7 651 

210.5-8 651 

2250 68 

2264-1 68 

2264-2 68 

2281 5-52 

2288-1 222 



Section Page 

2288-2 69 

2204 233 

2205 2.33 

2205-1 234 

2205-2 234 

220.5-3 234 

220.5-4 235 

220.5-5 235 

2205-6 235 

2205-7 236 

220.5-8 237 

220.5-9 2.37 

229.5-10 2.38 

2295-11 238 

229.5-12 239 

2205-13 239 

229.5-14 2.39 

2296 ; 2.59 

2207 260 

2208 260 

2209 260 

2.300 260 

2301 ; 260 

2302 261 

2-303 182 

2304 182 

2.305 182 

2306 183 

2307 183 

2308 183 

2309 183 

2310 184 

2311 184 

2-362 281 

2363 281 

2.364 281 

2365 281 

2.36.5-1 282 

236.5-2 282 

2.36-5-3 282 

2365-4 282 

2366 283 

2457 207 

2602 212 

2604 212 

2605 212 

2606 435 

2607 212 

2689 213 

2600 213 

2601 213 

2602 213 

2603 101 

2018 171 

2024 225 

3088 346 

3181 70 

3182 71 

3183 71 

3184 72 

3185 72 

3186 72 

3187 72 

3^88 78 

3180 .* 73 

3190 73 



45 s. L. 



7o6 



NUMERICAL INDEX OF CODE SECTIONS 



Section Page 

3191 73 

3192 74 

3193 74 

3193-1 75 

3194 76 

3195 77 

3196 78 

3197 78 

3198 79 

3199 81 

3200 81 

3201 81 

3-'^02 82 

3203 82 

3203-1 83 

3203-2 83 

3203-2a 84 

3203-3 84 

3203-4 84 

3203-4a 84 

3203-5 85 

3203-6 85 

3203-7 85 

3203-8 86 

.3203-9 86 

3203-10 86 

3203-11 87 

3203-12 - 87 

3203-12a 87 

3203-13 88 

3203-14 88 

3203-15 89 

3203-16 89 

3203-17 ...' 90 

3203-18 90 

3203-19 90 

3203-20 90 

3203-21 91 

3203-21a 91 

3208-22 92 

2303-23 92 

3203-24 92 

3203-25 93 

3203-26 94 

3203-27 94 

3203-28 94 

3203-29 95 

3203-30 95 

3203-31 96 

3203-32 96 

3203-33 96 

3203-34 97 

.3203-35 97 

3205 98 

3206 98 

3208 98 

3209-1 98 

3228 100 

3229-1 101 

3239 101 

3243 101 

3273 189 

3315 189 

3514 , 123 

3616 274 

3657 274 



Section Page 

3707 303 

3708 304 

3709 304 

3710 304 

3711 304 

3712 304 

3761 276 

3963 274 

4001 514 

4002 514 

4003 515 

4065-1 305 

406'')-2 305 

4065-3 305 

4065-4 306 

4065-5 306 

4065-6 306 

4065-7 306 

4424 276 

4448 276 

4648 309 

4649 310 

4650 , 310 

4657 310 

4679 : 102 

4680 103 

4681 103 

4682 104 

4682-1 104 

4683 105 

4684 105 

4685 106 

4686 106 

4687 107 

4688 108 

4688-1 108 

4688-2 108 

4688-3 109 

4689 109 

4690 109 

4691 Repealed 

4692 110 

4693 Repealed 

4694 Repealed 

4695 Repealed 

4696 114 

4696-1 115 

4696-2 116 

4696-3 116 

4697 Repealed 

4698 117 

4699 118 

4700 Repealed 

4701 119 

4702 119 

4703 120 

4704 120 

4705 121 ^ 

4706 121 

4707 122 

4708 

4709 123 

4710 124 

4711 125 

4712 126 

4713 ; Repealed 



iSrUMERlCAL INDEX OF CODE SECTIONS 



707 



Section Page 

4714 127 

4715 127 

4716 Repealed 

4717 Repealed 

4718 Repealed 

4719 Repealed 

4720 Repealed 

4721 Repealed 

4722 Repealed 

4723 Repealed 

4724 Repealed 

4725 Repealed 

47'^6 128 

4726-1 129 

4727 130 

4728 132 

4728-1 133 

4729 133 

4730 Repealed 

4731 133 

4732 134 

4733 13t 

4734 134 

4735 135 

4735-1 135 

473-5-2 .136 

4736 136 

4736-1 140 

4736-2 141 

4737 141 

4738 Repealed 

4738-t Repealed 

4739 141 

4740 .• 141 

4741 Repealed 

4742 - Repealed 

4743 142 

4744 142 

4744-1 144 

4744-2 145 

4744-3 146 

4744-3a 146 

4744-4 147 

4744-5 Repealed 

4744-6 147 

4745 149 

4746 150 

4717 150 

47t7-l 151 

4718 152 

4749 153 

4750 156 

4751 158 

4752 159 

4752-1 160 

4753 161 

4754 161 

4755 ; 161 

4756 162 

4757 163 

4758 161 

4759 165 

4760 168 

4761 168 

4762 171 

4763 .\ . . 176 



Section Page 

4764 178 

4765 178 

4766 179 

4767 179 

4768 179 

4769 179 

4770 180 

4771 181 

4772 181 

4773 181 

4774 184 

4775 185 

4776 185 

4777 185 

4778 185 

4779 186 

4780 186 

4781 186 

4782 : 187 

4783 188 

4784 189 

4838 191 

4839 , . . . . 191 

4861 192 

4862 192 

4940 192 

4063 193 

4997 193 

4998 194 

5004 194 

5005 195 

5006 195 

5007 196 

5008 196 

5010 , 196 

50^6 196 

5020 197 

5029 197 

5031 197 

5032 197 

5033 197 

5034 197 

5049 198 

5052 198 

5053 198 

5054 198 

5092 199 

5111 199 

5115 199 

5120 200 

5121 ..: 200 

5334 166 

5349 167 

5649-1 ; 246 

5649-la 247 

5649-lb 247 

5649-lc 247 

5649-2 218 

5649-3a 249 

5649-3b 251 

o649-3c 252 

5649-3d 253 

5649-3e 253 

5649-4 253 

56 W-5 254 

5649-5a 255 



7o8 



NUMERICAL INDEX OF CODE SECTIONS 



Section Page 

5649-ob 2o6 

5649-6 256 

5649-6a 257 

5649-6b 258 

5649-6C 258 

5649-6d 258 

5649-7 258 

5653 147 

5654 240 

5655 241 

5656 241 

5657 213 

5658 244 

5659 214 

5659-1 244 

5659-2 244 

5660 261 

5661 263 

5814 : 225 

6250 422 

6443 171 

6444 172 

6450 173 

6469 173 

6470 173 

6494 174 

6862 174 

7562-1 387 

7562-2 387 

7562-3 387 

7575 202 

7576 Repealed 

7577 202 

7578 203 

7579 203 

7580 204 

7580-1 205 

7580-2 205 

7580-3 205^ 

7580-4 205 

7580-5 205 

7580-6 -.. 206 

7580-7 206 

7580-8 206 

7581 206 

7582 Repealed 

7583 207 

7584 '.....- 207 

7585 208 

7586 208 

7587 208 

7587-1 209 

7587-2 209 

7587-3 200 

7587-4 209 

7587-5 210 

7588 Repealed 

7589 ...Repealed 

7590 Repealed 

7591 Repealed 

7592 Re-ealed 

7593 Repealed 

7594 Repealed 

7594-1 Repealed 

7595 210 

7595-1 Repealed 



Section Page 

759-5-2 Repealed 

7595-3 . . .■ Repealed 

7595-4 . . •. Repealed 

7595-5 Repealed 

7596 210 

7596-1 Repealed 

7597 211 

7598 211 

7599 211 

7600 214 

7600-1 215 

7601 216 

7602 216 

7603 216 

7604 217 

7605 218 

7606 220 

7607 220 

7608 221 

7009 221 

7610 222 

7610-1 223 

7611 224 

7612 224 

7613 Repealed 

7614 228 

7615 230 

7616 230 

7617 230 

7618 231 

7619 231 

76-'?0 268 

7620-1 270 

7621 * 271 

7621-1 271 

7622 271 

7622-1 272 

7622-la 272 

70-^9-9 272 

7622 J '.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'..... 272 

7622-4 273 

7622-5 273 

7622-6 274 

7622-7 274 

7623 277 

7624 283 

7624-1 285 

7625 285 

7626 289 

7627 290 

7628 290 

7629 291 

7680 292 

7630-1 293 

7630-2 296 

7631 296 

76^2 297 

7633 297 

7634 297 

7635 298 

7636 298 

7637 208 

7638 298 

7639 299 

7640 299 

7640-1 299 



NUMERICAL INDEX OF CODE SECTIONS 



709 



Section Page 

7641 300 

7642 300 

7613 300 

76-13-1 301 

7643-2 301 

7643-3 301 

7643-4 301 

7643-5 302 

7643-6 302 

7643-7 302 

7643-8 303 

7643-9 303 

7644 : 329 

7644-1 330 

7645 330 

7646 331 

7647 331 

7647-1 331 

7648 332 

7649 332 

7650 333 

7651 333 

7652 333 

7653 333 

7654 333 

7654-1 333 

7654-2 334 

7654-3 334 

7564-4 334 

7654-5 334 

7654-5a 335 

7654-6 ..?.. 335 

7654-7 335 

7655 336 

7655-1 3-^6 

7655-2 336 

765.5-3 337 

7655-4 337 

765.5-5 Repealed 

7655-6 Repealed 

765.5-7 338 

7655-8 338 

7656 338 

7657 339 

7658 339 

7659 '339 

7660 339 

7661 340 

7662 340 

7663 340 

7664 341 

7665 341 

7666 341 

7667 341 

7668 341 

7669 342 

7670 343 

7671 343 

7671-1 344 

7671-2 344 

7672 345 

7673 345 

7674 345 

7675 345 

7676 345 

7677 346 



Section Page 

7678 346 

7679 347 

7680 347 

7681 347 

7682 348 

7683 348 

7684 349 

7685 319 

7686 349 

7687 350 

7688 350 

7688-1 350 

7689 351 

7600 351 

7600-1 353 

7600-2 Repealed 

7600-3 Repealed 

7600^ Repealed 

7600-5 Repealed 

7600-6 Repealed 

7691 353 

7692 354 

7602-1 355 

7692-2 356 

7602-3 356 

7602-4 356 

7603 356 

7694 356 

7695 357 

7696 358 

7697 359 

7698 359 

7699 359 

7700 360 

7701 , 361 

7702 362 

7703 363 

7704 364 

7705 364 

7706 143 

7706-1 143 

7706-2 143 

7706-3 . . ." 143 

7706-4 143 

7707 367 

7708 368 

7709 369 

7710 370 

7711 371 

7712 371 

7713 .A 371 

7714 372 

7715 373 

7716 373 

7717 Repealed 

7718 373 

7719 Repealed 

7720 374 

7721 374 

7722 374 

7722-1 374 

7722-2 375 

7723 375 

7724 375 

7724-1 375 

7724-2 376 



710 



NUMERICAL INDEX OF CODE SECTIONS 



Section Page 

7725 376 

7726 376 

7727 876 

7728 376 

7729 Repealed 

7730 376 

7730-1 378 

7731 '... 379 

7731-1 381 

7731-2 382 

7731-3 382 

7731-1 382 

7732 Repealed 

7733 383 

7734 383 

7735 384 

7736 386 

7737 ; 386 

7738 386 

7739 ..^ 386 

7740 Repealed 

7741 Repealed 

7742 Repealed 

7643 : Repealed 

7744 ...Repealed 

7745 Repealed 

7746 Repealed 

7747 ' 388 

7748 389 

7749 391 

7749-1 392 

7749-2 392 

7750 302 

7751 393 

7752 393 

7753 394 

7753-1 394 

7753-2 394 

7753-3 395 

7754 395 

7755 395 

7755-1 -. . . 396 

7755-2 396 

7755-3 396 

7755-4 396- 

775-5-5 397 

7756 397 

7757 : 397 

7758 398 

7759 398 

7760 399 

7761 399 

7761-1 399 

7761-2 400 

7761-3 ■.. 400 

7761-4 : 401 

7762 403 

7762-1 404 

7762-2 405 

7762-3 405 

7762-4 405 

7762-5 405 

7762-6 406 

7763 406 

7763-1 407 

7763-2 407 



Section Page 

7763-3 408 

7763-4 : 408 

7763-5 408" 

7764 408 

7764-1 409 

7764-2 410 

7765 410 

7765-1 411 

7765-2 411 

7766 412 

7766-1 412 

7766-2 414 

7766-3 414 

7766^ 414 

7765-5 415 

7766-6 415 

7766-7 416 

7766-8 416 

7766-9 417 

7767 418 

7767-1 419 

7767-2 419 

7768 Repealed 

7769 419 

7769-1 .; •. 419 

1769-2 420 

7770 420 

7770-1 420 

7770-2 421 

7770-3 421 

7770-4 ^ 421 

7771 • 422 

7772 422 

7772-1 423 

7773 423 

7773-1 424 

7773-2 424 

7774 424 

7775 424 

7776 Repealed 

7777 424 

7778 425 

7779 Repealed 

7780 425 

7781 426 

7782 Repealed 

77«3 Repealed 

7784 4R0 

7785 480 

7786 430 

7787 431 

77S8 433 

7789 433 

7790 433 

7791 484 

7792 484 

7793 434 

7794 435 

7795 .' 436 

7706 436 

7796-1 436 

7797 437 

7798 437 

7799 437 

7799-1 487 

7799-2 487 



NUMERICAL INDEX OF CODE SECTIONS 



711 



Section Page 

7800 438 

7801 438 

7802 Repealed 

7803 439 

7804 Repealed 

7805 441 

7806 441 

7807 441 

7807-1 441 

7807-2 442 

7807-3 442 

7807-4 443 

7807-5 443 

7807-6 443 

7807-7 444 

7807-8 444 

7807-9 444 

7807-10 445 

7807-11 445 

7807-12 445 

7808 445 

7809 445 

7810 446 

7811 446 

7812 446 

-7813 447 

7814 447 

7815 447 

7816 447 

7817 447 

7818 448 

7819 448 

7820 448 

7«21 449 

7821-1 449 

7821-2 450 

7821-3 450 

7822 450 

7822-1 Repealed 

7823 451 

7823-1 451 

7823-2 451 

7823-3 451 

7824 452 

7825 452 

7826 453 

7827 453 

7828 454 

7829 454 

7830 455 

7831 455 

7831-1 456 

7831-2 456 

7832 456 

7832-1 456 

7832-2 457 

7832-3 457 

7833 457 

7834 457 

7835 458 

7836 458 

7837 458 

7838 458 

7838-1 459 

7839 459 

7840 460 



Section Page 

7841 460 

7842 460 

7843 460 

7844 461 

7845 461 

7846 461 

7847 461 

7847-1 461 

7848 462 

7848-1 462 

7849 462 

7850 Repealed 

7851 462 

7852 462 

7852-1 463 

78o2-la Repealed 

7852-2 463 

7852-3 463 

7853 464 

7854 464 

7855 464 

7856 464 

7857 465 

7858 • 465 

7858-1 Renealed 

7858-2 Repealed 

7858-3 Repealed 

7858-4 Repealed 

7858-5 Repealed 

7858-6 Repealed 

7858-7 Repealed 

7859 466 

7860 466 

786-1 Repealed 

7862 Repealed 

7863 Repealed 

7864 Repealed 

7865 467 

7866 Repealed, 

7867 Repealed 

7868 467 

7868-1 467 

7869 467 

7870 468 

7870-1 469 

7871 469 

7872 469 

7873 470 

7874 470 

7875 471 

7876 472 

7877 472 

7878 473 

7879 473 

7880 473 

7881 474 

7882 474 

7883 475 

7884 475 

7885 476 

7886 476 

7887 476 

7888 476 

7889 476 

7890 476 

7891 477 



712 



NUMERICAL INDEX OF CODE SECTIONS 



Section Page 

7892 477 

7893 478 

7804 478 

7805 ...■ 478 

7806 478 

7806-1 479 

7806-2 483 

7806-3 483 

7806-4 483 

7806-5 484 

7806-6 484 

7806-7 484 

7806-8 485 

7806-9 485 

78^6-10 485 

7896-11 485 

7896-12 485 

7896-13 485 

7896-14 486 

7896-15 486 

7806-16 486 

7886-17 487 

7896-18 487 

7896-19 .,... 487 

7896-20 '. . . . 488 

7896-21 488 

7896-22 488 

7896-22a 489 

7896-23 489 

7806-24 400 

7806-25 490 

7806-26 490 

7806-27 490 

7896-28 .491 

7896-29 491 

7896-30 491 

7896-31 491 

7896-32 491 

78^^6-33 492 

7896-34 492 

7896-35 492 

7806-36 492 

7806-37 403 

7806-38 493 

7896-39 493 

7806-40 ■. . . 494 

78^6-41 V 494 

7896-42 495 

7806-43 495 

7896-44 ....:.... 496 

7896-45 497 

7896-46 497 

7896-47 497 

7896-48 498 

7806-49 498 

7896-50 499 

7896-51 499 

7896-52 499 

7896-53 499 

7896-54 500 

78^6-55 500 

7806-56 501 

78^^6-57 503 

7896-58 503 

7896-59 504 



Section Page 

7896-60 504 

7896-61 504 

7896-62 505 

7896-63 505 

7897 507 

7898 507 

7899 507 

7900 507 

7901 508 

7901-1 508 

7901-2 508 

7901-3 508 

7901-4 509 

7901-5 510 

7901-6 510 

7902 515 

7903 516 

7904 517 

7905 517 

7906 517 

7907 517 

7908 518 

7909 519 

7910 519 

7911 519 

7912 520 

7913 520 

7914 520 

7915 520 

7915-1 521 

7916 521 

7917 522 

7918 523 

7919 523 

7920 523 

7921 523 

7922 524 

7923 524 

7924 Repealed 

7925 Repealed 

7926 Repealed 

7927 Repealed 

7927-1 Repealed 

7927-2 Repealed 

7927a Repealed 

7927b Repealed 

7928 Repealed 

7929 Repealed 

7930 525 

7930-1 525 

7931 525 

7931-1 525 

7932 526 

7933 •. 527 

7934 527 

7935 527 

7936 527 

7937 .- 528 

7938 - 528 

7939 529 

7940 529 

7941 529 

7941-1 529 

7942 530 

7943 530 



NUMERICAL INDEX OF CODE SECTIONS 



713 



Section Page 

7944 530 

7945 531 

7946 531 

7947 531 

7948 531 

7949 531 

7950 532 

7950-1 532 

7950-2 532 

7951 533 

7952 533 

7953 533 

7954 533 

7954-1 534 

7955 534 

7955-1 534 

7955-2 534 

7955-3 535 

7956 535 

7957 535 

7958 535 

7959 536 

7960 536 

7961 536 

7961-1 537 

7061-2 537 

7961-3 537 

7961-4 537 

7961-5 537 

7962 538 

T963 538 

7964 539 

7965 Repealed 

7966 Repealed 

7967 Repealed 

7968 Repealed 

7969 Repealed 

7970 Repealed 

7971 539 

7972 .-. 539 

7973 539 

7974 540 

7974-1 540 

7974-2 540 

7974-3 540 

7975 546 

7976 546 

7977 547 

7978 547 

7979 547 

7980 547 

7981 547 

7982 548 

7983 548 

7984 Repealed 

7985 548 

7986 Repealed 

7986-1 548 

7987 553 

7988 553 

7989 554 

7990 554 

7991 554 

7992 555 

7993 555 



Section Page 

7994 555 

8369 225 

8656 556 

9405 225 

9591 226 

9660 245 

9922 557 

9923 558 

9921 558 

9925 559 

9926 559 

9927 559 

9928 • 560 

9929 560 

9930 561 

9931 561 

9932 562 

9933 562 

9934 562 

9935 563 

9936 563 

9037 563 

9937-a 564 

9938 Repealed 

9939 564 

9940 Repealed 

9941 564 

9942 565 

9943 565 

9944 Repealed 

9945 Repealed 

9946 Repealed 

9947 ...Repealed 

9948 565 

9949 565 

9950 565 

9951 566 

9952 566 

9953 ; 567 

9954 567 

9955 567 

9955-1 567 

9955-2 568 

9956 568 

9957 568 

9958 569 

9959 569 

9960 569 

9961 569 

9962 569 

9963 ..T 570 

9964 570 

9965 570 

9966 570 

9967 571 

9968 571 

9969 571 

9970 572 

9971 572 

9972 572 

9973 573 

9974 573 

9975 573 

9976 573 

9977 573 



714 



NUMERICAL INDEX OF CODE SECTIONS 



Section Page 

9978 574 

9979 574 

9980 574 

9981 575 

9982 575 

9983 575 

9984 575 

9985 576 

9986 576 

9987 576 

9988 576 

9989 576 

10916 426 

10928 426 

10933 427 

10935 427 

10945 427 

10962 428 

10963 428 

10964 : 428 

10965 428 

11067 579 

11084 579 

11085 580 

12200 

12201 : 

12202 182 

12340 226 

12343 226 

12417 580 

12418 580 

12419 580 

12433 580 

12438 581 

12441 581 

12442 581 

12465 226 

12466 227 

12487 581 

12574 582 

12600-44 311 

12600-45 311 

12600-45a 312 

12600-46 312 

12600-47 312 

12600-48 313 

12600-49 313 

12600-50 ~. 313 

12600-51 314 

12600-52 314 

12600-53 314 

12600-54 314 

12600-55 315 

12600-56 317 

12600-57 319 

12600-58 319 

12600-59 319 

12600-60 319 

12600-61 319 

12600-62 320 

12600-63 320 

12600-64 320 

12600-65 321 

12600-66 323 

12600-67 823 



Section Page 

12600-68 324 

12600-69 324 

12600-70 325 

12600-274 325 

12600-279 326 

12600-281 326 

12873 582 

12874 583 

12875 583 

12878 583 

12879 584 

12883 584 

12900 584 

12901 584 

12902 585 

12903 585 

12904 586 

12905 586 

12906 586 

12906-1 586 

12907 586 

12908 586 

12909 587 

12910 ,; . 587 

12911 587 

12929 587 

12931 587 

12932 588 

12939 588 

12974 589 

12975 589 

12976 589 

12977 ; 590 

12978 590 

12979 590 

12980 591 

12981 591 

12982 591 

12982-1 591 

12983 591 

12984 592 

12985 592 

12986 592 

12987 593 

12988 593 

12993 593 

12993-1 594 

12994 Repealed 

12995 594 

12998 594 

12999 595 

13000 595 

13006 Repealed 

13007 227 

13007-1 595 

13007-2 Repealed 

13007-7 596 

13007-8 596 

13007-9 596 

13007-10 597 

13007-11 Repealed 

13007-14 597 

13030 597 

14769 275 

14772 164 



C 



NUMERICAL INDEX OF CODE SECTIONS 715 

Section Page Section Page 

14773 165 14081 542 

14774 165 14982 543 

14775 165 14983 544 

14976 541 14084 545 

14977 541 14985 545 

14978 541 14986 545 

14979 542 14987 546 

14980 542 



SUBJECT INDEX 



A 

ABANDONMENT— Section Page 

Of School Property 7730-1 378 

ACADEMY OF FINE ARTS — 

Municipal tax levy for support of, 4020 515 

ACADEMIES — 

Tuition free to holders of certificate from eighth grade.. 7674 345 

ACCIDENT PREVENTION — 

Teaching of, in public schools 7724-1 375 

ACTIONS AT LAW — 

Process against boards of education 4760 168 

ADVERTISEMENT — 

Bids for construction or repair 7623 . 277 

ADVISORY BOARDS — 

Appointment of, by directors of departments. 154-15 45 

AGE. — (See also Compulsory Education.) 

False Statement of, relative to employment ' ." . . 12987 593 

12988 593 

False statements relative to, 13007-8 596 

Necessary for free^ admission to public schools 7681 347 

AGE AND SCHOOLING CERTIFICATE — 

Appeal when Supt of schools refuses to grant 7763-4 408 

Approval of, by juvenile examiner 7766-4 414 

Child not employed shall attend school 7762-6 406 

Conditional for child over sixteen years of age 7766-8 416 

Conditions necessary for issue 7766-1 412 

Failure of employer to return, 12995 594 

Failure to produce for inspection 13000 595 

For hours when school is not in session 7766-9 417 

Holder of, to attend part-time school 7767 418 

Necessary for minor to obtain employment 7765 410 

Penalty for employment without, 12976 589 

Penalty for refusing to issue,. 12979 590 

Penalty for violation of law by school officials 12980 591 

Production of, for lawful inspection 12978 590 

Records of names and addresses of children to whom, 

issued 7766-5 415 

Superintendent of Public Instruction to furnish forms.. 7766 412 

To be issued by Superintendents of Schools 7766 412 

To be kept on file by parent or guardian 7765-1 411 

When limited to certain employments 7766-3 414 

AGE AND PRE-EMPLOYMENT CARD — 

When required ^ 7770-2 421 

AGRICULTURAL SCHOOL — 

Creation of, at New Lyme 7974-1 540 

AGRICULTURE — 

Teaching of, in public schools 7761-1 672 

Teaching of, by college extension 7973" 639 

(716) 



SUBJECT INDEX 717 

ALCOHOL— Section Page 

Effect of, to be taught in teachers' institutes, normal 

schools, and training classes 7725 376 

Knowledge of effects necessary for a teachers' certifi- 
cate 7726 376 

Penalty for refusing to provide for teaching effects 

of, , 7728 376 

Teaching of effect of, in schools 7723 375 

AMERICANIZATION — 

Appointment of supervisor 7761-4 401 

Establishment of schools 7761-2 400 

ANNEXATION. (See Territory.) 

APPROPRIATION OF PROPERTY — 

Additional, for school purposes .^ 7624 283 

By library trustees ^ 7638 293 

By railroad company 11067 579 

APPROPRIATIONS — 

Boards of education to make, at beginning of fiscal 

year _ 5649-3d 253 

Unexpended, revert to general fund..; 5649-3e 253 

ARBOR DAY — 

Governor to designate, 7688 350 

Superintendent of Public Instruction to issue manual 358 53 

ARBOR DAY MANUAL — 

Contents and distribution of 358 63 

ARCHITECT — 

Penalty for altering plans approved by Industrial Com- 
mission 1036 309 

ASSEMBLY HALLS — 

Provisions for, in school buildings 12600-52 814 

ASSESSMENT — 

On school property for drainage purposes 6469 173 

Pavment of, on school lands 6494 174 

ASSISTANT COUNTY SUPERINTENDENTS — 

Compensation of, how paid 4743 142 

Duties of, relative to teaching and supervision 7706 146 

•Election and term of, 4739 141 

To recommend text books and courses of study 7706-2 143 

ASSISTANT DIRECTORS — 

Appointment of, by directors of departments 154-5 44 

ATHLETIC FIELD — 

Appropriation of property for 7624 283 

ATTENDANCE — 

Cost of, for pupils of other districts 7736 386 

Failure of transportation not an excuse 773/-4 382 

How commuted in special schools 7787 431 

In district other than residence by owner of property 

therein 7683 348 

Of pupils in other districts... '. 7735 384 

ATTENDANCE OFFICER — 

Complaint relative to violation of compulsory attendance 

law 12982-1 591 

Co-operation with Industrial Commission 7771 422 

Duties in cases of supposed truancy 7773 423 



7l8 SUBJECT INDEX 

ATTENDANCE OFFICER — Concluded Section Page 

Duties relative to employment of minors 13007-7 596 

Duties relative to enumeration of school youth 7794 435 

Employment of, by boards of education 7769 419 

Employment of, by county board of education 7769-1 419 

Jurisdiction of, 7769-2 420 

Penalty for failure of minor to give information 13007-14 597 

Penalty for refusing to admit, where minors are em- 
ployed 12976 589 

Powers and duties 7770 420 

Proceedings against parents or guardian 7771 422 

Report to board of education when child required to 

work 7777 424 

Warning to parent or guardian 7773-1 424 

ATTORNEY. (See Legal Advisor.) 

ATTORNEY GENERAL— 

Action by, against educational corporation 9977 573 

Legal advisor of state retirement board 7896-14 486 

Legal advisor to board of trustees of Ohio State Univer- 
sity 7953 533 

AUDITOR OF STATE — 

Account of, with original townships 7580 204 

Apportionment by, of common school fund 7583 207 

Authorized to lease mineral rights on school lands 3209-1 ■ 98 

Duties of, relative to distribution of interest upon common 

school fund 3203-33 96 

Notice relative to common school fund and ministerial 

trust fund : 7580-1 204 

Semi-annual settlement with county treasurer 7584 207 

To be state supervisor of school and ministerial lands.. 3189 73 
To draw warrants in favor of county board of education 

fund 4744-3 146 

To make examination of school funds upon application 

of Superintendent of Public Instruction 362 54 

Warrants of, on educational equalization fund 7597 211 

B 

BALLOTS — 

Form of, in city school districts 5034 197 

Form of, in school elections 5032 197 

BANKS — 

Investment by, in school district bonds 710-111 245 

BEQUEST — 

Boards of education may accept 4755 161 

BIDS — 

Separate for material and labor 2362 281 

For construction or repair of school buildings 7623 277 

For deposit of school funds 7605 218 

BLIND — 

Age of pupils admitted to state school 1885 632 

Commission to prepare register of, in state 1364 630 

State school for 1884 631 

Establishment of classes for 7755 395 



SUBJECT INDEX ^IQ 

BOARD OF STATE CHARITIES— Section Page 

Approval of homes for children 1352-2 638 

Commitment of children by Juvenile Court 1352-3 638 

Education of crippled children 1352-8 641 

BOARDS OF EDUCATION — 

Abolished, when entire district transferred 4692 110 

Accounts of inspected by state bureau 274 263 

Admission of pupils to high school 7667 341 

Admission of pupils upon payment of tuition 7682 348 

Agreement for admission of pupils from other districts.. 7734 383 
Agreement with board of adjoining school district in an- 
other state 7620-1 270 

Agreement with boards maintaining high schools 7750 392 

Agreement with directors of municipal university relative 

to use of school lands 7907 517 

Amounts certified by fiscal officer in tax levying resolution 5649-lc 247 

Annual budget submitted to county auditor 564n-3a 249 

Annual meeting of members of village and rural districts. 4747-1 151 
Annual reports to county auditor and Superintendent of 

public instruction ^ 7784 430 

Application for examination relative to safety of school 

buildings 4648 309 

Application for participation in educational equalization 

fund 7595 210 

Appointment of relatives as teachers or instructors 12032 588 

Appointment of school physician ; 7602 354 

Appointment of teachers and employes 4752 159 

Appointment af teachers on nomination of county and as- 
sistant county superintendents 7705 361 

Appointment of trustees of joint school district library... 76R4 297 

Appointment of trustees for school district library 7635 298 

Appropriation proceedings for additional school lands. .. . 7624 283 

Appropriations by, for sinking fund purposes 7618 231 

Appropriations for school library. 7(^42 300 

Appropriations for six months period 5649-3d 253 

Arrangements for practice teaching 7654-4 334 

Assignment of pupils to schools 7694 349 

Authority to acrept gift or endowment 4755 161 

Authority to levy tax 7738 386 

Authority to make rules and regulations 4750 156 

Authority to prescribe additional studies 7648 332 

Bond issues offered to Industrial Commission.- 1465-5? 231 

Ponds for extending time of payment 5656 241 

Budget certified to county auditor 7668 341 

Building or renair of schoolhouse 7623 277 

Canvass by, of election returns 5120 200 

City — 

Appointment of commission to formulate plan of 

organization 4704 120 

Appointment of superintendent 7702 3^2 

Budget for school year 4752-1 160 

Election to determine number of members 4704 120 

Employment of director of schools 7694 356 

Normal and Summer schools established 7647 331 



720 SUBJECT INDEX 

BOARDS OF EDUCATION — Continued. Section Page 

Number of members '. . 4698 117 

Organization of Art 6, §3 10 

Plans of organization submitted to electors 4705 121 

Terms of members 4707 122 

Terms of office 4702 119 

Clerk to keep record of proceedings = 4754 161 

Compensation for attending annual meeting. 4747-1 151 

Compensation of clerk and treasurer 4781 186 

Contract for street Sprinkling 3761 276 

Contract of emploj-ment not subject to Burns Law 5661 263 

Contract or obligation involving expenditure of money. . . 5660 261 

Contract with librar}^ associations 7641 300 

Control of educational institutions given in trust to munic- 
ipality . . . .' 7921 538 

Control of public schools 7690 351 

Co-operation with boards of health 7692 354 

Co-operation with other public officials in social work 7622-6 274 

County , 

Appointment of director of county normal school.... 7654-3 334 

Appointment by, of assistant county superintendent.. 4739 141 

Appointment by, of county superintendents 4744 142 

Approval by, of proposition to dissolve village schcol 

district 4682-1 104 

Approval by, of payment of room and board in lieu 

of transportation 7749-2 392 

Authority to appoint examiners 7811 446 

Authorized to pay for printing supplies and expenses 

of meetings 4744-3a 146 

Certificate of age and character of driver of transpor- 

tion vehicle 7731-3 382 

Compensation and expenses of members 4734 134 

Composed of five electors of county school district. . 4728 132 

Contingent -expenses of, certified to auditor 4744-2 145 

Creation of, by school district 4736 136 

Decision as to length of session of teachers', institutes 7869 467 

Decision of, relative to teachers' institutes 7868 467 

Duties relative to dissolution of joint high school dis- 
tricts 7671-2 344 

Election and term of members 4729 133 

Emplovment of attendance officer 7769-1 419 

Establishment of county normal schools 7654-1 333 

Island school district may be exempted from super- 
vision of, 4688-3 109 

Nomination of members 4728-1 133 

Oath of office of members 47.^1 133 

Organization of 4732 134 

Powers and duties of, upon failure of local board... 7610-1 223 

Provision for transportation of pupils 7781 - 379 

Reauest for supervision by exempted villasre district.. 4688 108 
Shall certify to the auditor of state amount due as 

state's share of salaries 4744-3 146 

Time and place of meetings 4733 134 

To appoint board members in new district 4736 136 



SUBJECT INDEX 721 

Section Page 

To certify number of teachers and assistant county 

superintendents for ensuing year 4744-2 145 

To direct suspension when average daily attendance 

below ten , 7730 376 

To fix salary of county superintendent 4744-1 144 

To fix salaries of director and assistants of county 

normal schools 7654-5 334 

To make division of funds when territory transferred 4692 110 

To publish minimum course of study 4737 141 

To transfer territory to or from centralized districts. 4727 130 

Transfer by, of part or all of school district 4692 110 

Transfer by, of territory to contiguous district 4696 114 

Creation of service fund 7704 - 364 

Depots furnished for transportation of pupils 7731-1 381 

Determination of kind and number of books to be pur- 
chased 7714 372 

Determination of number of members 4699 118 

Dismissal of teachers 7701 361 

Dismissal of teachers for frivolous or insufficient reason. 7708 368 

Duties relative to inmates of children's homes 7676 346 

Election of members, when held 4838 191 

Employment and payment of counsel 2918 171 

Employment of persons to direct social and recreational 

work -.... 7622-4 273 

Employment of persons to take enumeration. 7796 436 

Employment of registrar for certification of bonds 2295-2 234 

Employment of teachers in village and rural districts.... 7705 864 

Establishment of elementary schools 7644 329 

Establishment of high schools 7663 340 

Establishment of part-time schools 7647-1 331 

Establishment of public libraries 7631 296 

Evening schools may be established 7679 347 

Exempted village — 

Probate court to act on failure of, 7610-1 223 

Failure to certify levy for contingent fund 7610 222 

Failure to perform duty, county board to take action.... 7610-1 223 

Fire prevention law to be printed In school manual. 12005 586 

Form of ballot 5032 197 

General powers of , 4749 153 

General powers of, relative to buildings and lands 7620 268 

Graded courses of study prescribed by, 7645 330 

Instruction of Superintendent of Public Instruction to 

govern 357 53 

Issue of bonds by vote of people 7625 285 

Issue of refunding bonds 5656 241 

Issue of bonds bv two-thirds vote 7629 291 

Issue of bonds for emersrencles 7630-1 293 

Issue of bonds not purchased by sinking fund commis- 
sioners 7619 231 

Lands donated for school purposes 14772 164 

Lease or convevance of school ground or buildings for 

use of municipal universities 7906 517 

Legal advisor of, 4761 168 

46 s. L. 



^22 SUBJECT INDEX 

BOARDS OF EDUCATION — Continued. Section Page 

Limitation on amount of bond issue 7630 292 

Majority to constitute quorum 4752 159 

Management and control of high schools 7665 341 

Manual training, domestic science and other special 

branches may be taught 7722 374 

^ay borrow money in anticipation of tax collection 5655 241 

May contract for deposit of funds outside of school dis- 
trict 7607 220 

Alay direct s.chool funds to remain in county treasury 2690 218 

May employ superintendent not nominated by county 

superintendent 4740 141 

May exchange property with municipality 4758 164 

May maintain museum in connection with library 7643 300 

Meeting when president or clerk absent 4753 161 

May pay expenses in lieu of transportation 7749-2 392 

Member of, not eligible as school physician 7692-3 356 

Merrbers individually liable for failure to perform duties. 7611 224 

Members of, also members of recreation board 4065-3 305 

Members of, not to be interested in contract 4757 163 

Method of bidding for deposit of school funds 7606 220 

Nomination of candidates by petition ^ 4997 193 

Not to adopt books not approved by text-book commission 7711 371 

Not to sell school building for four-5'ears after suspension 7730-1 378 

Notice of creation of teachers' pensioK fund 7877 472 

Notice of employment of employes 7699 359 

Notice of meeting necessary 4750 156 

Notice to, of the filing of drainage petition 6444 172 

Oath of members 4746 150 

Organization of, in other county districts 4747 150. 

Payment into pension fund of deductions from salary of 

teachers 7894 478 

Payment of assessments from contingent fund 6494 174 

Payment by board of blind persons 7755 395 

Payment by board of crippled_persons 7755-1 396 

Payment of compensation to employes of Board of Health 7693 356 

Payment of tuition of blind, deaf or crippled persons.... 7755-2 396 
Payment of tuition of pupils attending school in another 

district • 7735 384 

Payment to parent for transportation of pupil 7731-4 382 

Payment to teachers for attending summer school 7868-1 467 

Penalty for diversion of funds 12878 583 

Penalty for failure to disband fraternities 12908 586 

Penalties for financial interest in contracts 12910 587 

12911 587 

Penalty for receiving extra compensation 12883 584 

Penalty for violating order of Industrial Commission rel- 
ative to use of school buildings 1037 309 

Penaltv for violating provisions of building code 12600-274 325 

12600-279 326 
Penalty for violation of law relative to construction of 

buildings 2366 283 

Petition filed by. for drainage of school lands. 6443 . 171 

Petition for construction of road 6862 174 



SUBJECT INDEX 723 

Section Page 

Petition to common pleas court for transfer of funds 2297 260 

Prior issues of bonds held legal 7630 292 

Property of, exempt from taxation 4759 165 

Property of, how sold 4756 162 

Providing activities during vacation period 7763-2 407 

Provision by, for deposit of school funds 7604 217 

Provision for display of flag 7621 271 

Provision for teaching the injurious effects of alcohol.... 7724 375 

Publication of list of candidates 4998 194 

Purchase of sites and erection of schoolhouses 7666 341 

Purchase of text-books from pupils removing to other 

districts 7716 373 

Refunding bonds at lower interest rate 5657 243 

Removal of director by two-thirds vote 7698 359 

Replacement fund established 7587-1 209 

Reports to county auditors 7787 431 

Reports to Superintendent of Public Instruction 7788 433 

Report to Superintendent of Public Instruction of unau- 
thorized resignation . . ." 7700 360 

Report to Superintendent of Public Instruction relative 

to appointment of school physician. 7692-4 356 

Resolution determining validity of indebtedness 5658 244 

Resolution for increase of tax levy by vote of people 5649-5 254 

Resolution for issue of bonds after certificate of fiscal 

officer 2295-10 238 

Rules to compel vaccination of pupils 7686 349 

Rural — 

Compensation of members 4715 127 

- Election and term of members 4712 126 

Proceedings valid when appointed by county commis- 
sioners 4736-2 141 

To designate place for holding special elections 4714 127 

To submit question of centralization 4726 ^ 128 

School savings banks to be established 7722-1 374 

Separate proposals for materials and labor required 2362 281 

Service of summons in actions against, 4760 168 

Settlem.ent with treasurer at December meeting 3273 189 

Special schools for pupils afflicted wdth tuberculosis 7644-1 330 

Submission of question of exempting sinking fund levies 

from tax ra,te limitations 5649-6a 257 

Submission to electors of question of bond issue 7625 285 

Suit by, to recover funds : 19 18 

Suspension of schools in rural or village districts 7730 376 

Tax levy by 7587 208 

Tax levy — 

By council of municipality for use of, 7922 524 

For interest and sinking fund 7614 228 

For joint high schools 7672 345 

For support of college or university 7673 345 

For expenses of election 5054 198 

For free text-books 7739 386 

For interest and sinking fund 7628 290 

For joint school district library 7633 297 



7^4 SUBJECT INDEX 

BOARDS OF EDUCATION — Concluded. Section Page 

For library purposes 7G32 297 

7639 299 

For social center fund 7622-7 274 

For teachers' retirement fund 7896-55 500 

Tax rate when territory in two or more counties 7598 211 

Terms of members in other than county districts 4745 ' 149 

Text-books to be placed accessible to pupils of the district 7715 373 
Three-fourths vote for employment of teacher without the 

consent of superintendent 7703 363 

Three-fourths vote to discontinue high school 7664 341 

Time for adoption of text-books 7713 " ' 371 

To approve bond of treasurer 4765 178 

To borrow money for current expenses, when tax collec- 
tion enjoined 5659-1 244 

To certify names of deaf, blind or crippled children 7757 397 

To dispense with treasurer when depository established.. 4782 187 

To establish schools or furnish transportation 7646 331 

To fix rates of taxation : 7586 208 

To fix salaries of teachers 7690-1 353 

To furnish high school education. - , 7764-1 409 

To grant diploma to high school graduates , .'. 7656 338 

To prepare a map showing assignment of voters 4703 120 

To provide transportation from centralized district to high 

school in another district 7749-1 392 

To submit question of additional tax levy when directed 

by Superintendent of Public Instruction 7596 210 

Transfer of property to, by municipality 7624-1 285 

Transfer of surplus to judgment fund. .• 2295-13 239 

Transfer of public funds 2296 259 

Transportation furnished within or without districts 7764 408 

Two-thirds vote to expel pupil 7685 349 

Use of school buildings for lawful purposes 7622 271 

Vacancy in membership 4748 152 

Village — 

Assignment of precincts for voting 4711 125 

Census of district upon petition of. electors 4688-1 108 

County commissioners to appoint, when no election 

held , 4710 124 

Election and term. .^ 4708 123 

Submission to electors of proposition to dissolve 

district ....' 4682-1 104 

Terms of members first elected 4709 123 

To continue in office when village advanced to city... 4686 106 

Votes for members, how counted 5121 200 

Warrants for, on educational equalization fund 7597 211 

When entitled to high school tuition. 7752 393 

When to admit non-resident pupil without tuition 7778 425 

When to furnish free text-books and other necessities... 7777 424 
BOARDS OF EXAMINERS — 

Appeal from, how taken 7858 465 

Certificates issued to holders of certificates granted by 

other boards , . . . . 7824 45^ 



SUBJECT INDEX 725 

City — Section Page 
Annual report of clerk to superintendent of public 

instruction 7854 464 

Appointment and terms of members 7838 458 

Appointment of special examiners 7841 460 

Compensation and expenses for conducting investiga- 
tion 7851 462 

Compensation of members and clerks 7853 464 

Disposition of fees 7855 464 

Issue of temporary certificates 7849 462 

Laws relating to county boards apply to, 7847 461 

Laws relating to, may be applied to exempted village 

districts 7838-1 459 

May require examinations in additional subjects 7852 * 462 

Organization" and duties of officers 7842 460 

Providing of questions for examinations 7847-1 461 

Removals and vacancies 7839 459 

Renewal of two-year and three-year certificates 7846 461 

Standard of qualifications of applicants determined by, 7840 460 

Time of holding examinations 7843 460 

Compensation and expenses for conducting trial 7828 454 

County — 

Certificates of professional training required 7823-8 451 

Clerk to deposit bond with county auditor 7836 458 

Contract for examination rooms 7835 458 

Compensation of members 7834 457 

Emergency one-year certificates may be granted 7832-1 456 

Examination fee required 7818 448 

Fees to be paid into the county treasury monthly 7820 448 

- Granting of one-year and three-year certificates.. 7821 449 

Granting of one-year elementary certificates 7832-2 457 

7832-3 457 

' Membership of, ; 7811 446 

Method of taking examinations 7818 448 

Organization of board 7815 447 

Questions prepared by Superintendent of Public In- 
struction 7819 448 

Renewal of two-year, three-year and special certifi- 
cates 7821-2 450 

Revocation of appointment of examiners 7813 447 

Rules and regulations 7816 447 

Statement of clerk to Superintendent o^ Public In- 
struction 7836 458 

Term of appointive examiners 7813 447 

Time of holding examinations 7817 447 

Vacancy in membership, how filled 7814 447 

Who not eligible as members 7812 446 

Examination of manuscripts 7856 464 

Hearing on revocation of teachers' certificates 7827 453 

Issue of special certificates for teaching of deaf, feeble- 
minded, etc 7848-1 462 

Manuscript to be kept on file 60 days 7857 465 

May provide substitute for practical teaching test 7848 462 



726 SUBJECT INDEX 

BOARDS OF EXAMINERS — Concluded. Section Page 

State — 

Term of office 7806 441 

Appointment of, by Superintendent of Public Instruc- 
tion 7805 441 

Authority to issue life certificates 7807 441 

Certificates issued to be countersigned by Superin- 
tendent of Public Instruction 7808 445 

Compensation of members 7810 446 

Fee required for a certificate 7809 445 

Life certificates granted to holders of five-year or 

eight-year certificates 7807-11 445 

Life certificate issued to holder of provisional certifi- 
cate 7807-6 443 

Qualifications for life certificate in certain subjects,. 7807-12 445 

When to issue state life elementary 7807-8 444 

When to issue state life high school certificates 7807-7 444 

Suspension of teacher's certificate 7700 360 

Temporary certificates may be issued 7826 453 

Three kinds of certificates to be issued 7829 454 

BOARDS OF HEALTH — 

Abatement of nuisance on school property 4424 276 

Authority of, over schools 4448 276 

Employees of, when paid by boards of education 7693 356 

BOARDS OF TRUSTEES — 

Control of teachers pension fund 7875 471 

BOND, SURETY — 

Clerk of board to furnish, 4774 184 

Conditions of, when furnished by contractor 2365-2 282 

Contractor to furnish, for erection of school buildings.. 2365-1 282 

Driver of vehicle to furnish, 7731-3 382- 

Form of, furnished by contractor 2365-4 282 

Of school treasurer, filed with county auditor 4766 179 

Superintendent of Public Instruction to furnish, 353 52 

To be furnished by director and chiefs of divisions 154-14 45 

Treasurer of school funds to furnish, 4764 178 

BOND PAYMENT FUND — 

Creation and purpose of 2295-14 239 

BONDS — 

Advertisement and sale of". 2294 233 

Amount outstanding not to exceed one and one-half per 

cent, of tax duplicate 7630 292 

Certificate of registrar to be attached 2295-1 234 

Employment of registrar for purposes of certification 2295-2 234 

For erection of buildings for municipal university 7911 519 

Form of, required by Industrial Commission 1465-58a 232 

Interest and date of maturity 7627 290 

Interest on, included in cost of construction 2295-11 238 

Issue of — 

By board of education without vote of people 7629 * 291 

First oflFered to Industrial Commission 1465-58 231 

First oflFered to sinking fund commissioners 7619 231 

By boards of education appointed by commissioners.. 4736-2 141 

For acquiring playgrounds and recreation centers 4065-6 .806 



SUBJECT INDEX ^2^] 

Section Page 

For current expenses when tax collection enjoined 565!)-! 244 

For emergencies 7630-1 293 

For payment of judgment 2295-8 237 

Refunding or extending, o6"j6 241 

To be in serial form 2295-12 239 

When prohibited 229-5-7 236 

For refunding debt 7616 230 

One year's interest included in amount 2205-11 238 

Prior to 1914, legal obligations 5649-la 247 

Limitation on amount of, 7630 292 

Provision for interest and sinking fund must be made. 

Art. 12, § 11 13 

Question submitted to electors 7625 285 

Penalty for false statement in transcript 220.5-4 235 

Prior issues held to be legal 7630 202 

Public schools, when exempt from taxation Art. 12, § 2 11 

Refunding at lower interest rate 5657 243 

Resolution for, after certificate of fiscal officer 220.5-10 238 

Resolution for issue and sale 7626 289 

Resolution for, to contain levy of taxes." 5640-lb 247 

School district, legal investment for banks 710-111 245 

School district, legal investment for building and loan as- 
sociations 9660 245 

Sinking fund commissioners, when abolished 220-5-14 239- 

Subject to redemption before maturity 5657 243 

Tax levy for payment of 5649-1 246 

5659 244 

7614 228 

7628 200 

7630 292 

Transcript of proceedings 229.5-3 234 

Transfer of surplus of issue 56-54 240 

' When lost or destroyed 229.5-5 235 

When to be sold at private sale 2295 233 

When to mature 2295-9 237 

BOWLING GREEN STATE NORMAL SCHOOL — 

Director of Education, member of board 154-50 50 

BOYS' INDUSTRIAL SCHOOL — 

Education of delinquent youth 2083 645 

BRIBERY — 

Penalty for, by officer or employee of school district 12931 587 

Penalty for, of board of education \ 12883 584 

BRIDGES — 

Construction of, for convenience of pupils 7562-1 387 

Tax levy for building or repair of 7562-2 387 

BUDGET — 

Annual, what to contain 5fi49-.3a 249 

Preparation of. in city school districts 4752-1 160 

BUDGET COMMISSIONERS — 

Board of, how composed , 5649-3b 251 

Joint session of, when taxing district in two or more coun- 
ties 5640-7 2-58 

Powers and duties of, relative to budgets 56t9-.3c 252 

Time of meeting 5649-3b 251 



728 SUBJECT INDEX 

BUILDING CODE— Section Page 

Class of construction of school buildings 12600-45 311 

Classification of school buildings 12600-44 311 

Enforcement of provisions of, by Industrial Commission 1032 308 

Penalty for violating provisions of 12600-274 325 

BUILDINGS. (See School Buildings.) 

BUREAU OF INSPECTION AND SUPERVISION OF 
PUBLIC OFFICES — 
Inspection of accounts of state and sub-divisions 274 263 

BUREAU OF JUVENILE RESEARCH — 

Duties relative to commitment of. child to state institution 7781 426 

Purposes of, relative to delinquent or defective children.. 1841-1 648 

BURNS LAW — 

Provisions of 5660 261 

CENSUS — C 

When taken in village school districts 4688-1 108 

CENTRALIZATION — 

Not to be discontinued within three years. 4727 130 

Question not to be submitted for two years 4726 128. 

Question submitted to electors m rural district 4726 128 

Where one or more school districts in township 4726-1 129 

CENTRALIZED DISTRICT — 

Employment of superintendent 4740 . 141 

CERAMICS — 

Department of, in Ohio State University 7958 535 

CERTIFICATE — 

Granted to each high school graduate 7657 339 

Relative to indebtedness and tax duplicate 2295-3 234 

CERTIFICATE OF APPORTIONMENT — 

To show sources of school fund 7603 216 

CERTIFICATES. (See Teachers' Certificates.) 
CERTIFICATES OF INDEBTEDNESS — 

For money borrowed in anticipation of tax collection 5655 241 

CERTIFICATES OF NOMINATION. (See Elections) 
CERTIFIED PUBLIC ACCOUNTANT — 

Educational qualifications for, 1373 66 

CHIEF INSPECTOR OF WORKSHOPS AND FACTORIES. 

(See Industrial Commission.) 
CHILD — 

Proceedings when charged with felony 1681 623 

Support of, where parent imprisoned for abandonment or 

non-support 1656 615 

CHILD LABOR — 

Age limits in certain occupations 12093 593 

Unlawful to employ, during school hours 12993-1 594 

CHILDREN — 

Institution for deformed an dcrlppled, 2078 635 

Medical and surgical treatment and education when crip- 
pled 1352-8 641 

CHILDREN'S HOME — 

Duty of superintendent of schools ." 7677 346 

Education of inmates 3033 346 

7676 345 

School district to bear expense of education of inmates.. 7678 346 



SUBJECT INDEX 729 

CITY — Section Page 

Reduction of, to village 4086 1U6 

CITY BOARDS OF EXAMINERS. (See Boards of Ex- 
aminers.) 

CITY SCHOOL DISTRICTS. (See School Districts.) 

CITY SOLICITOR — 

Legal advisor for city boards of education 4761 168 

CIVIL SERVICE — 

Appointments in city school districts 486-2 20 

Appointment of municipal commission 486-19 35 

Appointment of state commission 486-3 21 

Attorney general to prosecute violations of, 486-30 41 

Certification of eligible list 486-13 30 

Coercion to compel contribution. 486-26 39 

Eligible list, how prepared 486-12 29 

Examinations for positions in 486-10 27 

Laws not modified or repealed 154-19 46 

Political assessments or contributions 486-23 38 

Political influence in, prohibited ... 486-27 40 

Promotions to fill vacancies in, 486-15 32 

Provisional appointments, when allowed 486-14 31 

Reductions or suspensions 486-17 33 

Tenure of office \ 486-17a 33 

Transfers and re-instatements 486-16 32 

What offices are included 486-1 20 

What positions unclassified 486-8 24 

CIVIL SERVICE COMMISSION — 

Appointment of examiners and assistants 486-5 21 

Approval by, of payrolls 486-21 37 

- Powers and duties of, 486-7 22 

CLERK OF BOARD OF EDUCATION — 

Absence of, from meeting of board 4753 161 

Abstract of enumeration transmitted to county auditor 7799 437 

Additional bond when depository established 4783 188 

Bond for performance of duties 4774 184 

Compensation of, how paid 4781 186 

Duty at expiration of term 4777 ~ 185 

Duty relative to payment of salaries 7786 430 

Duty relative to purchase of text-books 7714 372 

Election and term of, 4747 150 

Failure to make report to county auditor 7791 434 

Form of accounts, how kept 4778 185 

Notice by, of appointment of employes 7699 359 

Notices of election 4776 185 

Penalty for false transcript 2295-4 235 

Publication of financial statement 4776 185 

Report by, for county auditor 4775 185 

Report on high school filed with Superintendent of Public 

Instruction '. 7660 339 

To certify number of pupils enrolled 7704 364 

To certify transcript of proceedings 2295-3 234 

To countersign all orders for payment of funds 4768 179 

To keep record of proceedings 4754 161 

To publish notice of school elections 4839 191 



7^0 SUBJECT INDEX 

CLERK OF BOARD OF EDUCATION — Concluded. Section Page 

To report receipts to county auditor 4768 179 

When liable for loss of school funds 4769 179 

When to perform duties of treasurer 4782 187 

COAL — 

Lease for, on school lands 3209-1 98 

Mining of, on school and ministerial lands 3188 73 

COAT-OF-ARMS — 

Description of 30 19 

COLLEGES AND UNIVERSITIES. (See also Ohio State, 
Miami, etc., under name.) 

Affiliation with religious organizations 9039 564 

Alumni to elect members of boards of trustees 9987a 564 

Appointment and term of trustees 8656 556 

Attorney General to proceed against, for violation of trust. 9977 573 

Authority to borrow m.oney 9932 562 

Authority to confer degrees 9022 557 

9023 558 

Authority to hold property in trust 9924 558 

Board of education to control, when given in trust to 

municipality .-_. 7921 523 

Capital stock changed to scholarships 9927 559 

Change of name and purpose 9066 570 

Control of, by religious organizations 9037 563 

9939 564 

9951 566 

County Commissioners may provide money for, 2457 207 

Definition of, 7650 333 

Deposit of receipts from student fees 7086-1 548 

Election of directors or trustees 9963 570 

Faculties to enforce rules of trustees 9025 559 

For military education 9960 569 

Funds from tax levy turned over to board of trustees .... 7675 345 

Gifts and devises may be received 9072 572 

Graduate of high school eliglble'to take examination for. . 7659 339 

High school graduate admitted without examination 7658 339 

High school graduates may attend, without payment of 

tuition 7674 345 

Increase In number of trustees . . ; 9978 574 

Inspection of accounts by state bureau 7931 525 

Instructors In, not in classified service 486-8 24 

Land holdings limited. , - 9926 559 

Liability of stock holders for debt 9957 568 

Member of General Assembly not to be appointed on 

boards of 15 17 

Moneys received by, to be paid Into state treasury weekly. 24 18 
Municipal — 

Acceptance of property or money In trust 7915 520 

Appointment of directors by mayor 4002 514 

Authority of board of directors 7002 515 

Bond issue for election of governor 7910 519 

Citizens not charged for Instruction 7920 523 

City solicitor to be legal advisor 7903 516 

Compensation and power of directors 4003 515 



SUBJECT INDEX 731 

Section Page 

Contract for erection of buildings 7913 520 

Control of, by board of nine directors 4001 514 

Definition of, 7905 ol7 

Degrees and honors may be conferred by, 7904 517 

Property exempt from taxation 7915-1 521 

Property given in trust for educational purposes to 

be administered by board of education 7921 523 

Property or funds for endowment..' 7916 521 

Report of board of directors to mayor and council 7918 523 

Tax levy for 7908 518 

Tax levy for interest and sinking fund 7914 520 

Use b}^ of lands or buildings of municipality or school 

district 7906 517 

Powers of mechanics institute 9982 575 

Policy of state relative to, 7923 524 

Property may be held in trust 9924 558 

Qualifications necessary to confer degrees 9923 558 

Receive copies of state publications 2281 552 

Sale of property by three-fourths vote 9965 570 

Specially endowed — 

Report to common pleas court 7993 555 

Trustees appointed by common pleas court 7987 553 

Trustees to establish rules and regulations 7990 554 

Statement filed with Secretary of State 9933 562 

Surrender and cancellation of capital stock 9980 574 

Tax levy for support of, by board of education 7673 845 

Term of office of trustees 9936 563 

Trust funds to be accounted for 9975 573 

Trustees necessary to constitute a quorum 9943 565 

Tuition for non-residents 7930 525 

Vacancies, how filled 9930 561 

.Vote for change of location 9928 560 

War veterans exempt from tuition fees. 7930-1 525 

COMMISSIONERS OF THE SINKING FUND — 

Duties relative to funds from sale of school land 7580-4 205 

COMMON PLEAS COURT — 

Appointment of board of commissioners of the sinking 

fund 7614 228 

Determination as to loss of school funds 2306 183 

Hearing on exchange of school lots 3710 304 

Judge of, to examine report relative to misapplication of 

school funds 367 55 

Order for transfer of funds 2300 260 

Petition to. for transfer of funds 2297 260 

COMMON SCHOOL FUND. (See School Funds.) 
COMMON SCHOOLS — 

General Assembly to provide efficient system Art. 6, § 2 9 

COMPULSORY EDUCATION. (See also Employment of 
Minors and Age and Schooling Certificates.) 

Age, when required 7763 406 

Attendance at part-time school 7767 418 

Complainant not required to give costs 12P86 592 

Employer required to furnish evidence of age 13007-1 595 



73^ SUBJECT INDEX 

COMPULSORY EDUCATION — Concluded Section Page 

Employment unlawful during school hours 12993-1 694 

Every child amenable to law 7778 425 

Fines for violation paid to school districts 12982 591 

Jurisdiction for violation of law 12981 691 

Penalty for violation of provisions by parent or guardian. 12974 589 

For assisting minor to leave jurisdiction of court 12983 591 

For failure of school officials to perform duty 12980 591 

For subsequent violation of law 12984 592 

Penalty of officer or agent of corporation for violation of 

law 12977 590 

What branches to be studied , 7762 403 

COMPULSORY SCHOOL AGE — 

Graduate of first grade high school exempted 7764-2 • 410 

Years included 7763 406 

CONFERENCE — 
CONSOLIDATED SCHOOLS — 

Requirements for first grade , 7655-4 337 

Requirements for second grade 7655-3 337 

CONSOLIDATION — 

Teachers and assistant superintendents to be assembled 

for, , ? ^ 7706-1 143 

Boards of education to provide, in rural and village dis- 
tricts 7730 376 

CONTAGIOUS DISEASE — 

Duties of school physician 7692-1 355 

CONTRACTS — 

Authorized at regular or special meeting 4757 163 

Awarded to lowest and best bidder 2364 281 

Board members not to be financially interested 4757 163 

12932 588 

Bond for completion of, 2365-1 282 

By state officials, involving expenditure of money 2288-2 69 

For construction or repair of school buildings 7623 277 

For deposit of school funds.. 7608 221 

Form of bond for completion of 2365^ 282 

Involving expenditure of money •. 5660 261 

Public officer not to be personally interested 12910 587 

12911 587 

Release from, by consentof board 7700 360 

Void, when contrary to provisions of Section 5660 5661 263 

COUNTY AUD ITORS — 

Abstract of enumeration, transmitted to Superintendent of 

Public Instruction 7803 439 

Account of, with local districts 2602 212 

Annual report to Superintendent of Public Instruction -7789 433 

Apportionment by — 

Of school funds 4744-3 146 

Of expense of education of inmate of children's home 7678 346 

Of interest from sale of school lands 7602 216 

Of salaries of county and assistant county superin- 
tendents 4744-2 145 

Certificate as to report of clerk and treasurer 4781 186 

Collection by, of fines and penalties, for support of schools. 7612 224 



SUBJECT INDEX 733 

Section Page 

Compensation for making reports 7793 434 

Duties to clerk when depository established 4783 188 

Duty, when enumeration not taken 7800 438 

Entry of apportionment of school funds 7601 216 

Penalty for failure to forward abstract ^ 2605 212 

Penalty for failure to make school report 7790 433 

Penalty for failure to transmit abstract of enumeration. . 7792 434 

Proceedings against school treasurer 4772 181 

Rate of tax levy ascertained by 5649-3c 252 

Report to auditor of state of defective persons 2606 435 

Report to auditor of state of dog tax transferred to school 

fund 2607 212 

Settlement when school district in more than one county.. 7599 211 

To certify expenses of elections 5053 ~ 198 

To furnish account books for clerk and treasurer , 4778 185 

To include annual levies in budget 5649-16 247 

To transmit to auditor of state abstract of indebtedness of 

each school district 2604 212 

Warrant of, after semi-annual settlement 2689 213 

Warrant of, in advance of semi-annual settlement 2692 213 

Warrant of, in favor of local district 2602 212 

When liable for loss of school funds 4769 179 

COUNTY BOARDS OF EDUCATION. (See Boards of 
Education.) 

COUNTY BOARD OF EDUCATION FUND. (See School 
Funds.) 

COUNTY BOARDS OF EXAMINERS. (See Boards of 
Examiners.) 

COUNTY COMMISSIONERS — 

Appointment by, of boards of education held legal 4736-2 141 

Appointment by, of boards of education in rural districts. 4736-1 140 

Appointment by, of village board of education 4710 124 

May receive bequests and donations for educational pur- 
poses 2457 207 

Tax levy by, when board of education fails to act 7610 222 

COUNTY LIBRARIAN — 

Qualifications of, 7643^ 303 

COUNTY LIBRARY DISTRICT. (See Libraries.) 

COUNTY NORMAL SCHOOL. (See Normal School.) 

COUNTY SCHOOL DISTRICTS. (See School Districts.) 

COUNTY SUPERINTENDENTS — 

Application of districts to be placed under supervision of, 4740 141 

Arrangement of program for county institutes 7869 467 

Certificates of graduation from elementary schools 7655-7 338 

Certificates of promotion from elementary schools 7747 388 

Compensation and duties of 4744 142 

Compensation and expenses 4744-1 144 

Duties relative to display of flag 7621-1 271 

Duties relative to joint high schools , 7671-1 344 

Expenses of, how paid 4734 134 

May employ stenographer or clerk 4744-1 144 

Monthly meeting with the assistant county superintendents 

and other superintendents 7706-3 143 



734 SUBJECT INDEX 

COUNTY SUPERINTENDENTS — Concluded. Section Page 
No additional compensation as clerk of boards of examin- 
ers 7837 458 

Nomination by, of county normal school director ._ 7654-3 334 

Nomination by, of superintendents 4740 141 

Nomination by, of teachers 7705 364 

Powers and duties of, 7706 143 

Qualifications of, 4744-4 ^^^^47 

Report of, relative to teachers' institutes 7865 467 

Secretary of county boards of education 4732 134 

Supervision of, in districts located on island. 4688-3 109 

To advise county board on minimum course of study 4737 141 

To arrange meeting of members of boards of education.. 4747-1 151 
To assemble teachers and assistant superintendents for 

conference 7706-1 143 

To direct training of teachers in county normal schools.. 7706-4 143 
To recommend text books and courses of study to county 

boards 7706-2 . 143 

To visit and inspect schools 7706-3 143 

COUNTY TREASURERS — 

Custodian of county library district fund 7643-7 302 

Duties when school district tn more than one county 7599 211 

Payment of funds after semi-annual settlement 2689 213 

Payment of funds to local districts in advance of set- 
tlements 2692 213 

Penalty for retaining moneys of local subdivisions without 

authority 2691 213 

To retain certain taxes at semi-annual settlement 7584 207 

When to act as custodian of local funds 4784 189 

When treasurer of funds of village and rural district 4763 176 

COURSES OF STUDY — 

Approval by Superintendent of Public Instruction 7645 330 

Conference for, called by county superintendents 7706-1 143 

County and assistant superintendents to recommend 7706-2 143 

County boards of education to publish, 4787 141 

In elementary schools 7648 332 

76o5 336 

In state institutions 18-'>l-2 67 

Taught in high schools 7649 332 

CRIPPLED CHILDREN — 

Boards of education to make report to Superintendent of 

Public Instruction 7761 399 

Education in custody of Board of State Charities 1352-8 641 

Establishment of special classes 7756 * 397 

Excuse for non-attendance at day school 7763-5v 408 

Inspection of classes by Superintendent of Public In- 
struction 7761 399 

Payment of tuition by boards of education 7755-2 396 

Provisions for home instruction 7755^ 396 

Standard requirements for schools which receive state aid. 7761 399 

State aid to boards of education maintaining classes 7757 397 

Treatment in private or public hospital 1352-9 641 

CRIPPLED PERSONS — 

Establishment of classes for 7755 395 



SUBJECT INDEX 735 

CURRENT EXPENSE— Section Page 

Delinitioii of 2295-7 236 

D 
DEAD BODIES — 

Use of, for medical study or dissection 9984 575 

DEAF — 

Admission of pupils to state school 1872 633 

Establishment of classes for, 7755 395 

DEATH — 

Vacancy caused by, 4748 152 

DEFICIENCY — 

When money may be borrowed for, . , 2295-7 236 

DEGREES — 

Educational corporations m.ay confer, 9922 557 

DELINQUENCY — 

Aiding or contributing to, 1654 613 

1658 615 

DELINQUENT CHILD — 

Commitment to institution or association 1643 603 

Definition of, 1644 604 

Jurisdiction of Juvenile court. 1642 600 

DENTISTRY — 

College of, at Ohio State University 7954-1 534 

Educational qualifications for examinations to practice..' 1321-1 64 

DEPARTMENT OF AGRICULTURE — 

Use of school and ministerial lands for experimental or 

reforestation purposes ' 3185 72 

DEPARTMENT OF EDUCATION. (See also Superin- 
tendent of Public Instruction.) 

Advisory board of film censorship created 154-47 49 

Creation of, 154-3 44 

May adopt official seal 154-18 46 

Powers and duties of 154-46 49 

154-48 49 

Salaries of director and division chiefs 2250 68 

DEPARTMENT OF HIGHWAYS AND PUBLIC WORKS — 

To make contracts for erection of public buildings 154-40 550 

DEPARTMENT OF PUBLIC WELFARE — 

Inspection of institutions 1352 637 

Mining of coal by, on school and ministerial lands 3186 72 

3188 78 

DEPENDENT CHILD — 

Definition of 1645 605 

DEPOSITORIES — 

Competitive bidding for school funds 7605 218 

Establishment of, by boards of education 7604 217 

For funds of school district libraries 7640-1 299 

Located outside of school districts 7607 220 

Mortgages or mortgage bonds may be deposited as se- • 

curity 2288-1 222 

Provisions of resolution and contract 7608 221 

When established for school funds 4769 179 



73^ SUBJECT INDEX 

DEPOSITORIES — Concluded Section Page 
When established treasurer and bondsmen relieved from 

liability 7609 221 

When established treasurer dispensed with 4782 187 

When given up city or county treasurer to act as custodian. 4784 189 

DEPOTS — 

Provided in connection with transportation of pupils. . . . . . 7731-1 381 

DEPUTY STATE SUPERVISORS OF ELECTIONS — 

Duties of, relative to school elections 4706 121 

DIPLOMA — 

High school graduate to receive 7656 338 

Holder of, to be granted certificate 7657 339 

DIRECTOR OF EDUCATION. (See also Superintendent 
of Public Instruction.) 

Chairman of State Library Board 154-51 50 

May establish branch offices with the approval of the Gov- 
ernor 154r-17 46 

Member of Board of Ohio Archaeological and Historical 

Society , 154-^5 51 

Member of Board of Ohio State University. 154-56 51 

Member of board of trustees of certain state schools 154-50 50 

Salary of .! 2250 68 

Shall hold no other office or position of profit 154-16 46 

Superintendent of Public Instruction to become, 154-3 44 

Member of board of Miami University 7939 529 

Member of board of Ohio University 7931-1 525 

DIRECTOR OF FINANCE — 

Certificate by, of balance and appropriation 2288-2 69 

DIRECTORS OF DEPARTMENTS — 

Appointment and terms of office 154-4 44 

Bond and oath of office 154-14 45 

154-8 45 

Powers and duties of 154-24 47 

DIRECTORS OF SCHOOLS — 

Election of, in city school districts 7694 356 

Compensation of, to be fixed by board 7697 359 

Monthly report to the board of education 7696 358 

Powers and duties of, 7695 357 

Suspension or removal of 7698 359 

DISSOLUTION — 

Election to decide, in rural districts 4735-1 135 

DOG AND KENNEL FUND. (See School Funds.) 

DOMESTIC SCIENCE — 

Boards of education may establish, 7722 374 

Rooms for, partly below grade ; 12600-49 313 

Teaching of, by college extension 7973 539 

DONATIONS AND BEQUESTS — 

Boards of education may receive for library purposes.... 7631 296 

DOORS — 

Provisions for, in school buildings 12600-55 315 

12600-60 319 

DRAINAGE — 

Petition for, affecting school property 6444 172 

Lands owned by boards of education 6443 171 



SUBJECT INDEX 737 

DRINKING FOUNTAINS — Section Page 

To be installed in school buildings 12600-65 321 

DRIVER — 

Duty of, in transportation of pupils 7731-2 382 



EFFICIENCY TESTS AND SURVEYS — 

Department of, in each state normal school 7654-6 335 

ELECTIONS — 

Assignment of precincts for voting 4703 120 

Board of elections to publish names of candidates in school 

district 4998 194 

Candidates ineligible as election official 5092 199 

Certificates of nomination for members of boards of edu- 
cation, where filed 5004 194 

Certificates of nomination open to public inspection 5005 19i5 

Count of votes for members of boards of education 5121 - 200 

Exempting sinking fund levies from limitations 5649-6a 257 

Expenses of general or special, how paid 5052 198 

Expenses when held in November of odd years 5053 198 

For dissolution of village school districts. 4682-1 104 

Form of ballot in city school districts 5034 197 

In rural school districts 4714 127 

Issue of bonds for erection or repair of school 'buildings. 7625 285 

Members of boards of education 4838 191 

Members of county boards 4728-1 133 

Names of candidates on same ballot 5016 196 

Nomination of members of boards of education 4997 193 

On question — 

Of building bridges for convenience of pupils 7562-3 387 

Of creating county library districts 7643-1 301 

, Of dissolving rural school districts 4735-1 135 

Of joining county library district 7643-4 301 

Other than constitutional amendment 5020 197 

Petitions to determine number of members of city boards 

of education 4704 120 

Plans for organization of city boards submitted 4705 121 

Publication of notice, what to contain 4839 191 

Release of treasurer for loss of school funds 2307 183 

Returns, how certified : 5111 199 

J 5115 199 

5120 200 

Separate ballots for each precinct 5029 197 

Separate poll books for school purposes 5049 198 

Tax Levy — 

For expenses of 5054 198 

For joint high school 7669 342 

For support of normal school 7900 507 

Increase of rate 5649-5 254 

. 5649-5a 255 

Territory annexed to village for school purposes 5031 197 

Territory attached to city school districts 4711 125 

Upon petition for decentralization 4727 130 

47 s. L. 



/S^ SUBJECT INDEX 

ELECTIONS — Concluded. Section Page 

Upon proposition of organizing village school district 4682 104 

Use of school buildings for, • 7622-3 272 

Vacancy after nomination, how filled 5010 196 

Who entitled to vote 4861 192 

ELEVATORS — 

Construction of, in school buildings 12600-59 319 

ELEMENTARY SCHOOLS — 

Course of study in, 7648 332 

Definition and course of study 7655 336 

Establishment of, unless transportation furnished 7646 331 

Length of school year 7644 329 

Requirements for first grade 7655-2 336 

Requirements for second grade 7655-1 336 

Subjects to be taught in English language only 7762-1 404 

EMBALMING — 

Educational qualifications for examination to practice, . . . 1342 65 

EMERGENCIES — 

Tax lev}- for, outside of limitations 5649-4 253 

EMBEZZLEMENT — 

Penaltv for, of school funds 12873 582 

EMPLOYMENT OF MINORS — 

Attendance at part-time schools 12999 595 

Conditions necessary •. 7765 410 

Duty of officers to file complaints 13007-7 596 

Employer to keep two lists of names of minors under 

eighteen .• 12998 594 

Employer required to furnish evidence of age of employees 13007-1 595 

Failure to produce age and schooling certificate 13000 595 

Hours of labor to be posted 12998 594 

Irregular service defined 7765-2 411 

Penalty for violation of law 13007-9 596 

13007-10 597 
Penalty for failure to give information to Industrial Com- 
mission 13007-14 597 

Penalty for false statement relative to age 13007-8 596 

Return of age and schooling certificate after termination. 12995 594 

Without schooling certificate or pre-employment card.... 12976 589 

ENGINEERING EXPERIMENT STATION — 

Purposes of establishment 7961-2 537 

ENGLISH LANGUAGE — 

Use of, in elementary schools 7762-1 404 

ENUMERATION — 

Abstracts transmitted by clerk to county auditor 7799 437 

Abstracts transmitted to Superintendent of Public Instruc- 
tion 7803 439 

Additional data to be obtained 7795 436 

Annual, of all youth, between 5 and 18 years of age 7794 435 

Board of education to provide for taking, 7796 436 

Compensation of persons taking, 7797 437 

Copy of, for use of attendance officer 7796-1 436 ■ 

Failure of board of education or clerk to perform duty.. 7800 438 

Penalty for false return 12929 587 

Relation to apportionment of school funds 7799-2 437 

When district in two counties 7801 438 



SUBJECT INDEX 739 

EPiDEMICS— Section Page 

Board of Health to close schools 4448 276 

Indebtedness created by : 2295-7 236 

EVENING SCHOOLS — 

Attendance and tuition 7680 347. 

Petition for establishment of, 7679 347 

EXAMINATION AND LICENSING — 

Division of, in Department of Education ' 154-6 44 

Division of, to determine standing of schools 1274-5 60 

EXAMINATION QUESTIONS — 

Penalty for giving information concerning, 12939 588 

EXAMINERS. (See Boards of Examiners.) 

EXEMPTED VILLAGE SCHOOL DISTRICTS. (See 
School Districts.) 

EXPENDITURE. (See State Funds.) 

EXPENSES — 

Of county superintendent and members of county board.. 4734 134 

FEDERAL AID — ^ 

State treasurer, custodian of funds for, 367-7 58 

What schools to receive 367-6 57 

FEEBLE-MINDED — 

Provision for education of, 1892 643 

State institutions for, 1891 642 

FILM CENSORSHIP — 

Division of, Department of Education 154-6 44 

FIRE ALARMS — 

School buildings to be equipped with, 12600-70 325 

FIRE DRILLS — 

Penalty for neglect of, 12900 584 

FIRE EXTINGUISHERS — 

Use of, in school buildings 12600-69 • 324 

FIRE MARSHAL — 

Duty with reference to schools 12900 584 

Enforcement of building code 12600-281 326 

Penalty for violation of orders 12600-279 326 

FIRE PREVENTION — 

Boards of education to adopt, as course of study 12901 584 

Provisions of law to be printed in school manual 12905 586 

Text-book provided by Superintendent of Public Instruc- 
tion , 12902 585 

FISCAL OFFICER — 

Certificate of — 

« 

Relative to inability to pay judgment 2295-8 237 

Relative to maturity of bonds 2295-10 238 

Clerk to constitute, in school district 2295-6 235 

To certify — 

Bond resolution to county auditor . 5649-lb 247 

Tax necessary for payment of judgment.- 5649-lc 247 

FISCAL YEAR — 

For state offices and departments 260-1 20 

FLAG. (See U. S. Flag.) 
FLAG OF OHIO — 

Description of 28 19 



740 SUBJECT INDEX 

FLCX)R SPACE— Section Page 

Minimum per pupil in classrooms 12600-60 313 

FRATERNITIES — 

Penalty for joining in public schools 12906 586 

Penalty of superintendent or teacher for allowing in 

schools 12907 586 

Penalty where boards of education fail to disband 12908 586 

Suspension of pupil for joining, 12900 587 

FREE BOOKS. (See Text Books.) 
FUNDS. (See School Funds.) 

G 
GARDENING — 

City districts may establish and maintain 7647 331 

GAS — 

Lease for, on school lands 3209-1 98 

GENERAL ASSEMBLY — 

Member of, not to be appointed in educational institution. 15 17 

GERMAN — 

Teaching of, below eighth grade prohibited 7762-1 404 

GIFTS — 

Boards of education may accept 4755 161 

To county commissioners for educational purposes 2457 207 

GIRLS' INDUSTRIAL SCHOOL — 

Education of inmates 2101 646 

2106 647 

GOVERNOR — 

Annual reports of public officials and institutions to be 

filed with, 2264-1 68 

Approval by, of compensation of appointees 853-1 52 

Approval by ,of rules and regulations adopted by Military 

Academy 9960 669 

Removal by, of Superintendent of Public Instruction 35^1 61 

GRADUATES — 

From elementary schools admitted to high schools 7655-7 338 

High school, admitted to college or university 7658 339 

GUARDIAN — 

Appointment of, for maintenance and education 10916 426 

Lease of estate by, for education and support of ward 10962 428 

10963 428 

Powers and duties of 10928 426 

10933 427 
10935 427 

Request of, for medical treatment of child 1261-26 328 

Sale of estate by, for purposes of education 10945 427 

When child resides apart from parent 7775 424 

H 
HAZING — 

Penalty for 12417 580 

12418 580 

12419 580 
HEALTH BOARDS. (See Boards of Health.) 

HEATING — 

Provision for, in school buildings 12600-64 320 



SUBJECT INDEX 74^ 

HIGH SCHOOL COMMITTEE— Section Page 

Management of high school in joint district 7670 343 

H GH SCHOOL INSPECTORS — 

Appointment of 7753 394 

HIGH SCHOOLS — 

Admission of pupils to, regulated by boards 7667 341 

Admission to, by graduate of elementary schools 7655-7 338 

Agreement between boards of education for attendance.. 7750 392 

Appropriation for, in joint district 7671 343 

Boards of education of other districts to pay tuition 7748 389 

Boards of education to provide, within four miles 7764-1 409 

Certificate of admission 7747 388 

Construction on campus of Ohio State University 7950-1 532 

Course of study in, 7649 .332 

Definition of, 7649 332 

Diploma for graduation from 7656 338 

Dissolution of joint districts 7671-2 344 

Establishment of, by Boards of Education •. 7663 340 

Establishment of joint district for, 7669 342 

Grade to be determined by superintendent of public in- 
struction 7752 393 

Graduate eligible to take examination for professional 

school 7659 339 

Graduates from first grade, admitted to college or uni- 
versity without examination 7658 339 

Graduates of, entitled to free tuition in college supported 

by taxation 7674 345 

Graduates of, to be given certificate 7657 339 

How classified 7651 333 

Management and control of, in rural district 7665 341 

Management of, in joint district 7670 343 

Not to be discontinued for three years 7664 341 

Report on curriculum and course of study to Superintend- 
ent of Public Instruction 7660 339 

Requirements — 

For approval by Superintendent of Public Instruction. 7662 340 

For first grade 7652 333 

For second grade 7653 333 

For third grade 7654 333 

Superintendent of Public Instruction to determine grade 

of, 7661 340 

Tax levy for, in joint districts : 7669 342 

7672 345 

Tax levy for tuition in other districts 7751 393 

Teacher to be designated as principal 7705 364 

Transportation from centralized school district 7749 391 

Transportation from village or centralized rural district.. 7749-1 392 

Tuition of pupils residing in other districts 7747 388 

HOLIDAYS — 

Schools dismissed without forfeiture of pay 7687 350 

HOME ECONOMICS — 

Provisional certificate granted for teaching 7807-09 444 

Qualifications of applicants for certificates 7823-2 451 



742 SUBJECT INDEX 

HOMES — Section Page 

Erection of, for teachers 7624 283 

I 

INDEBTEDNESS — 

Abstract of, transmitted to Auditor of State 2604 212 

Assumed by school districts when territory attached 4690 109 

Bonds issued for refunding, 7616 230 

Certificate of, relative to bond issues 2295-3 234 

Created in anticipation of tax collection 5655 241 

Division of, when new district created 4736 136 

Division of, when territory transferred 4692 110 

Limitation of, for school districts 7630-2 296 

Maturity of bonds for different purposes 2*295-9 237 

Xot refunded until validity determined by resolution 5658 24-i 

Not to be incurred for current operating expenses, with 

exceptions to rule 2295-7 236 

On property in newly created village district 4687 107 

Resolution providing, subject to certificate of fiscal officer. 2295-10 238 

Tax levy for payment of, 7614 ■ 228 

Time extended for payment^ of , 5656 241 

INDUSTRIAL COMMISSION — 

Approval of plans for erection or alteration of school 

buildings 1035 309 

Authority of, to inspect buildings 4657 310 

Co-operation of, with attendance officer 7771 422 

Duties of, relative to em.ployment of minors 12982-1 591 

Enforcement b}'', of provisions of building code 12600-281 826 

Enforcem.ent by, of school attendance 6250 422 

Form and style of bonds 1465-58a 232 

Inspection by, of school buildings 1031 307 

Penalty for failure of minor to give information to, 13007-14 597 

Penalty for violation of orders 12600-279 326 

Purchase by, of school district bonds 1465-58 231 

To co-operate with State Board of Education 367-11 59 

Use of school buildings prohibited 7630-1 293 

INDUSTRIAL REHABILITATION. (See Rehabilitation ) 

INHERITANCE TAX — 

School property not subject to 5334 166 

INTEREST — 

Tax levy for payment of .... 7614 228 

INTERMEDIATE SCHOOLS — 

Policy for recognition of, 7651 333 

IRREDUCIBLE DEBT — 

Interest on. apportioned to counties 7577 202 

ISLAND — 

School district on, may be exempt from supervision of 

countv board.. . . . .'. 4688-3 109 



JOINT HIGH SCHOOLS. (See High Schools.) 
JUDGMENT FUND — 

Provisions for payment of final judgment 2295-13 239 



SUBJECT INDEX 743 

JUDGMENTS — Section Page 

Iiulebtedtiess created for payment of ■2-29o-7 230 

JUNIOR HIGH SCHOOL. (See Intermediate Schools.) 
JUVENILE COURT — 

Appearance of child for hearing 1648-1 G08 

Appointment of probation officers 1662 617 

Arrest of child under eighteen 16^9 616 

Associations of another state not to place children within 

the state 1677 622 

Authority in truancy cases 7774 424 

Child subject to physical and mental examination by phy- 
sician , . 1652-1 611 

Commitment — 

Into temporary or permanent custody 1672 620 

Of delinquent child 1652 609 

Of dependent or neglected children 1653 611 

To Board of Administration or Board of State Char- 
ities 1643 603 

To Board of State Charities 1352-3 638 

To Bureau of Juvenile Research 1841-1 648 

To Industrial School 1653-1 612 

To state institutions 7780 425 

Construed for benefit of child 1683 624 

Contributing to the delinquency of child 1654 613 

Definition of proper parental care 1646 606 

Delinquent child defined 1644 604 

Dependent child defined 1645 605 

Designation of judge '. 1639 599 

Detention home provided 1670 619 

Disposal of dependent or neglected child 1673 621 

Duties of probation officers 1663 617 

Duties of prosecuting attorney 1664 618 

Filing of complaint 1647 606 

Institutions certified by Board of State Charities 1352-1 637 

Issue of citation or warrant 1648 607 

Issue of writs 1660 616 

Jurisdiction relative to children 1642 600 

Maintenance of children of persons imprisoned for non- 
support 1656 615 

Parole officers of industrial schools to which children are 

committed 1674 622 

Penalty for neglect or non-support of child. . 1655 614 

Proceedings in error 1668 618 

Proceedings when child charged with felony 1681 623 

Reports from associations to which children are committed 1675 622 

Suspension of sentence 1666 618 

JUVENILE EXAMINERS — 

Approval by, of age and schooling certificates 7766-4 414 



KENT STATE NORMAL SCHOOL — 

Director of Education, member of board 154—50 50 

Provisions for establishment and control 511 



744 SUBJECT INDEX 

KINDERGARTENS— Section Page 

Boards of education may establish, 7722 374 

L 

LABOR — 

Separate proposal for, in construction of buildings 2362 281 

LAVATORIES — 

Construction of, in school buildings 12600-62 320 

LAW — 

Educational credit of one year to veterans of World War. 1701-1 67 

Educational qualifications for admission to practice 1700 66 

LAWYER. (See Legal Advisor.) 
LEASES — 

Assignment of, relative to school lands 3202 82 

For school and ministerial lands 3200 81 

LEGAL ADVISORS — 

Employment of, by boards of education 2918 171 

For boards of education 4761 168 

Not to be member of board 4762 171 

LIBRARIES — 

Count}^ District — 

Board of trustees '. 7643-2 301 

Contract for library service 7643-5 302 

Creation of, 7643-1 301 

Creation of state board of examiners for, 7643-8 303 

Local sub-division may join, 7643-1 301 

Powers of trustees ' 7643-6 302 

Qualifications of librarian 7643-8 303 

Tax levy by trustees , 7643-3 301 

School District — 

Appointment of trustees 7635 298 

Boards of education may make appropriation for, in 

schools 7642 300 

Boards of education may transfer property to trustees 4756 162 

Budget certified to board of education 7639 299 

Contract with, by library associations 7641 300 

Donation or bequest to joint districts 7633 297 

Establishment of ,by board of education 7631 296 

Funds to be deposited in depositories 7640-1 299 

Proceeds of tax levy by board of education 7640 299 

Powers and duties of trustees 7637 298 

Tax levy for, 7632 297 

Term of office of trustees.. 7636 298 

Transfer of, from municipality 3711 304 

Transfer of property to trustees by municipality. . . . 3712 304 

Trustees for joint district library 7634 297 

Trustees may accept gift, devise or bequest 7638 298 

Use of school buildings for, 7622-3 272 

State — 

Appointment of librarian by state board 154-52 50 

Creation of state board of library commissioners in 

Department of Education 154-51 50 

Powers and duties of librarian. . . 154-54 51 



SUBJECT INDEX 745 

LICENSE— Section Page 

Educational qualifications — 

For Certified Public Accountant 1373 66 

For practice of embalming 1342 65 

For practice of dentistry 1321-1 64 

For practice of medicine 1270 59 

For practice of nursing 1295-5 61 

For practice of optometry 1295-28 62 

For practice of pharmacy 1303-1 63 

To practice midwifery 1283 61 

To practice osteopathy 1289 61 

M 
MANUAL TRAINING — 

Boards of education may establish, 7722 374 

Rooms for, partly below grade 12600-49 813 

MAP — 

To show boundaries of transferred territory 4696-1 115 

MATERIALS — 

Separate proposals for, in^ construction of building 2362 281 

MEDICAL INSPECTION — 

Provisions for, in public schools 1261-26 328 

Treatment only on request of parent or guardian 1261-26 328 

MEDICAL INSPECTOR. (See School Physicians.) 

MEDICINE — 

College of, at Ohio State University 7954-1 534 

Educational qualifications for examination to practice.... 1270 59 

MEETINGS OF BOARDS OF EDUCATION — 

Absence from, to cause vacancy on board 4748 152 

Absence of president and clerk 4753 161 

Expenses of, paid by county board 4744-3a 146 

Notice to members necessary 4750 156 

Special, how called 4751 158 

Time of holding, fixed by board 4747 150 

MIAMI UNIVERSITY — 

Appointment of trustees 7939 529 

Board of trustees to maintain normal school 7898 507 

Examination of conditions by legislative committee 7941 529 

^Moneys paid into the state treasury 7941-1 529 

Policy of state relative to , 7923 524 

Report of trustees to governor 7940 529 

Tax levy for building fund ~. 548 

MIDWIFERY — 

Educational qualifications for examination to practice.... 1283 61 

MILITARY ACADEMY — 

Rules and regulations to be approved by Governor 9960 569 

MINERALS — 

Lease for, on school lands 3209-1 98 

Purchase of, in school and ministerial lands 3203-30 95 

Removal of, from school and ministerial lands 3194 76 

MINORS — 

Employment of, in certain cases prohibited 12993 593 

Trial by jury for violation of law relative to employment. 12985 592 



746 SUBJECT INDEX 

MODEL SCHOOLS— Section Page 
Arrangement between boards of education and state 

normal schools 7654-1 335 

MOTHERS' PENSIONS — 

Allowance for, by Juvenile Court 1683-2 625 

Tax levy for 1683-9 627 

MUNICIPALITIES — 

Authority of, not to apply to school affairs 3657 274 

General powers of, 3616 274 

Tax levy by, for use of board of education 7922 524 

Tax levy for support of certain private corporations or 

associations 4020 515 

Transfer of real property to board of education 7624-1 285 

Water supply for school buildings 3963 274 

MUSEUM — 

Maintained in connection with library 7643 300 



N 

NIGHT SCHOOL. (See Evening School.) 
NORMAL SCHOOLS — 

Co-operation of county, city and exempted village boards 

of education 7654-1 333 

County — 

Appointment of director 7654—3 334 

Course of study and entrance requirements 7654-2 334 

Duties of county superintendent in training courses.. 7706-4 143 

Establishment of , 7654-1 333 

Establishment of joint 7654-1 333 

Expenses of, certified to auditor 4744-2 145^ 

Practice teaching 7654-4 334 

State aid for salary of director and assistants.... 7654-5 334 

Election in township to authorize tax levy 7900 507 

Establishment of, in city districts 7647 331 

Physical education to be taught 7721 374 

Stated- 
Arrangement with boards of education for manage- 
ment of model schools 7654-7 335 

Curriculum to be maintained 7654-5a 335 

Department of efficiency tests and surveys 7654-6 335 

Established in connection with Ohio University and 

Miami University 7897 507 

Provision for additional, in eastern Ohio 7901-1 508 

Provisions governing Kent and Bowling Green 511 

Township' trustees may lev}- tax to support 7899 507 

NOTICE — 

Hearing for transfer of funds 2298 260 

Of time and place of elections 4776 185 

NURSING — 

Educational qualifications for examination to practice. . . . 1295-5 61 
NURSES — 

Employment by boards of education 7692 354 



SUBJECT INDEX 



747 



o 

OATH — Section Page 

When required by law 1 J-> 

OATH OF ALLEGIANCE — 

Penalty for employino; teacher who has not taken 78o-2-3 4():{ 

Teachers required to take, before certificates granted.... 7852-1 408 

CATH OF OFFICE — 

By members of boards of education 4740 l')<i 

Public officers to take 2 1 "» 

Art. 15, § 7 14 

What to include 3 15 

OHIO COMMISSION FOR THE BLIND — 

Appointed by Governor 1360 630 

OHIO SOLDIERS' AND SAILORS' ORPHANS' HOME — 

Education of children of deceased i^nd disabled soldiers. . 1981 652 

OHIO STATE UNIVERSITY — 

Agricultural experiments 7956 585 

Agricultural school at New , Lyme, Ohio 7974-1 540 

Annual report of board of trustees 7947 581 

Appointment of trustees 7942 580 

Attorney General to be legal advisor 7953 588 

Board of trustees to regulate course of instruction 7949 531 

Ceramics department established and equipped 7958 535 

Change of n ime from Ohio Agricultural and Mechanical 

College 14976 541 

Collection of specimens in mineralogy and natural history 7957 535 

College of agriculture and domestic science extension.... 7973 589 

Construction of high school on campus 7950-1 532 

Contracts for erection of buildings to be made by Depart- 
ment of Highways and Public Works 154-40 550 

Co-operation with local communities and associations .... 7955-2 584 

Courses 'of instruction 7955 534 

Devises or bequests of land or money 7951 533 

Director of education to be member of board of trustees 154—56 51 

Dormitories to be erected by alumni associations 7950^2 532 

Each county entitled to proportion of students 7954 538 

Election of officers 7944 530 

Election of president and members of faculty 7949 531 

Establishment of colleges of medicine and dentistry 7954-1 584 

Establishment of engineering experiment station 7961-J 537 

Establishment of extension division 7955-] 534 

Funds . derived from sale of lands '. 7971 539 

Location of, 14978 541 

Meetings of board of trustees 7946 581 

Mining school established 7962 538 

Original establishment of, 14977 .541 

Policy of state relative to , 7928 524 

Purposes and operations of extension division 7955-3 535 

Rules and regulations for government 7948 531 

Supervision of lands and buildings 7950 532 

Tax levy for building fund 548 

Title to lands vested in state ..-...' 7952 533 

Title of lands vested in trustees 14981 542 

Treasurer to give bond 7945 -VU 



74S SUBJECT INDEX 

OHIO UNIVERSITY — Concluded Section Page 

Appointment of trustees 7931-1 525 

Board of trustees to maintain normal school 7898 507 

Lease of lands by 7932 526 

Moneys deposited in State Treasury 7936 527 

Policy of state relative to, 7923 524 

Sale of school lands 7933 527 

State tax on leased lands 7937 52S 

Tax collected in lieu of rent 7938 528 

Tax levy for building fund 548 

OIL — 

Lease for, on school lands 3209-1 98 

OPTOMETRY — 

Educational qualifications for examination to practice,,.. 1295-28 62 

ORIGINAL SURVEYED TOWNSHIPS. (See Townships.) 

ORPHAN ASYLUM — 

Admission of inmate to public schools 7681 347 

OSTEOPATHY — 

Educational qualifications for examination to practice, .... 1289 61 

OVER-AGE CERTIFICATES — 

When granted ., 7770-1 420 

P 

PARENTS — 

Medical treatment of child only on request of, 1261-26 328 

Notice of truancy of child 7773-1 424 

Penalty for violation of compulsory attendance law 12974 589 

PAROCHIAL — 

Display of flag during session 7621 271 

PART-TIME SCHOOLS — 

Boards of education may establish 7647-1 331 

Children employed on age and schooling certificates 7762-5 405 

Definition of 7767 418 

Penalty for refusal of employer to allow minor to 

attend .^ 12999 595 

Provided by employer 7767-1 419 

Who not required to attend 7770-4 421 

PENALTIES — 

Breaking and entering school houses 12438 581 

Bribery of member of board of education 12883 584 

Bribery of school officials 12931 587 

Burning of school buildings 12433 ' 580 

Diversion of school funds 12878 583 

Embezzlement of school funds 12873 582 

Employment of minor without age and schooling certifi- 
cate 12976 589 

Entering school building to commit felony 12441 581 

Failure to give information to Attendance Officer or 

Industrial Commission 13007-14 597 

False return of annual enumeration 12929 587 

False statements relative to age of minors 13007-8 596 

For violation of provisions relative to building 2366 283 

Hazing in public or private schools • 12417 580 

Information relative to examination questions 12939 588 



SUBJECT INDEX 749 

Section Page 

Injuring or defacing school buildings 12487 581 

Joining fraternity or other like society 12906 586 

Neglect of fire drill in. school 12900 584 

Neglect or non-support of child 1655 614 

Public officer for financial interest in contracts 12910 587 

12911 587 

Refusal of employer to permit attendance at part-time 

school 12999 595 

Refusal or neglect to display flag 12906-1 586 

School buildings used without safety provisions 12574 582 

Violations of compulsory school laws....: 12974 589 

Violations of law relative to employment of minors arid 

females under twenty-one 13007-9 596 

PENITENTIARY — 

Provision for education of inmates 2195 • 650 

PETITION — 

Fifty per cent of electors for transfer of territory 4696-1 115 

Forty per cent, of electors for centralization within two 

year period .- 4726 128 

Majority of electors for transfer of territory 4696 114 

One-fourth of electors for dissolution of village districts. 4735-1 135 

One-fourth of qualified electors for centralization 4726 128 

Ten per cent of electors for election to determine mem- 

brs of board 4704 120 

To re-establish suspended school 7730 376 

Twenty-five per cent of electors for decentralization 4727 130 

Two-thirds of electors for transfer to or from centralized 

district 4727 130 

PHARMACY — 

Educational qualifications for examination to practice. 1303-1 63 

PHYSICAL TRAINING — 

r Teaching of, in city schools and state educational institu- 
tions 7721 374 

PHYSICIANS. (See School Physicians.) 
PLACARDS — 

Superintendent of Public Instruction to furnish, for 

school buildings '. 7655-8 338 

PLAY GROUNDS — 

Bond issue for acquiring 4065-6 306 

Land or buildings of municipality or county set apart for, 4065-1 305 

Purchase or lease of real estate for, ^ 7620 268 

School districts and other sub-divisions may co-operate 

in establishing, 4065-5 306 

Tax levy for, 4065-5 306 

PLUMBING — 

State Board of Health to inspect, in school buildings 1261-3 276 

POLITICAL MEETINGS — 

Use of school buildings for, 7622-la 272 

PRACTICE TEACHING — 

Arrangement between State Normal Schools and Boards 

of Education 7654-7 335 

PRINCIPALS — 

Designation of, in high schools and consolidated schools. 7705 364 



750 SUBJECT INDEX 

PRINTING— Section Page 

County boards of education authorized to pay for, 4744-3a 146 

PRIMARIES — 

Nomination of members of boards of education.- 4963 193 

PRIVATE SCHOOLS — 

Flag to be displayed during session 7621 271 

Reports by. to Superintendent of Public Instruction 359 53 

PROBATE JUDGE — 

Authority in city or exempted village districts upon 

failure of local board 7610-1 223 

Hearing before, on petition for transfer of territory. .. . 4696-3 116 

To appoint board of education in centralized district.... 4726-1 129 

PROFESSIONAL TRAINING — 

Superintendent of Public Instruction to issue certificates. 7823-3 451 

PROPERTY. (See School Property.) 
PROSECUTING ATTORNEY — 

Dut}' relative to failure of county auditor to make report. 2605 212 

Legal advisor of boards except in ctiy districts 4761 168 

To enforce orders of Industrial Commission relative to 

use of buildings 1033 309 

PUBLIC FUNDS. (See School Funds.) 
PUBLIC OFFICE — 

Persons chosen to take oath Art. 15, §7 14 

Persons elected or appointed to give bond 7 15 

Person holding, to continue until successor elected or 

appointed and qualified 8 16 

Removal from, for failure to keep accounts in prescribed 

form 283 264 

Vacancy in, how filled 10 16 

PUBLIC SCHOOLS — 

Bonds of, when exempt from taxation Art. 12, §2 11 

Who entitled to free attendance.. 7681 347 

PUBLIC WORK — 

Eight hours to constitute a day ' Art. 2, §37 8 

17-1 17 

PUPILS — 

Expelled or suspended, for what cause 7685 349 

Living more than one and one-half miles from assigned 

school 7735 384 

Medical supervision of . .' 1261-26 328 

Q 
QUORUM — 

Majority of members to constitute 4752 159 

R 
RAILWAY CROSSINGS — 

Vehicles used for transportation of pupils 7731-2 882 

RECREATION BOARD — 

Creation of, in municipalities 4065-3 305 

REFUNDING BONDS — 

Issue of, by board of education 5656 241 

REGISTRAR — 

Employment of, in connection with bond issues.: 2295-2 234 



SUBJECT INDEX 751 

REHABILITATION— Section Page 

Federal Act providing for state co-operation 668-672 

Gifts and donations to defra}' expenses of, 367-12 59 

Ohio acceptance of Federal provisions 367-8 58 

State board of education to administer 367-10 59 

State treasurer custodian of funds 367-9 58 

RELATIVES — 

Employment of certain, prohibited 12032 58.-^ 

RELIGION — 

Laws for protection of Art. 1, §7 7 

RELIGIOUS ORGANIZATIONS — 

Patronage of educational corporations 9930 564 

REMONSTRANCE — 

Filing of, against transfer of territory 4692 110 

Majority of electors to file, against new district 4736 136 

REPLACEMENT FUND. ,(See School Funds.) 

REPORTS — 

Annual, by public officials and institutions 2264-1 6S 

Boards of education, annual, to county auditor 7787 431 

County superintendent to make 7706-4 143 

Examiner to make, as relative to misapplication of school 

funds 364 54 

From each seminar}-, academy or private school 350 53 

Of clerk or superintendent to county auditor 4775 185 

Of Superintendent of Public Instruction to the Governor 360 53 

Superintendent of Public Instruction to prescribe forms 

for 357 53 

Superintendents and teachers required to make 7785 430 

To be made to Superintendent of Public Instruction by 

local school officials 355 52 

RESIGNATIONS — 

Consent of board of education required for 7700 36) 

REST ROOMS — 

Provision for, in school buildings 12600-51 314 

RETIREMENT BOARD. (See Teachers' Retirement Sys- 
tem.) 

ROADS — 

Petition for, by board of education • 6862 174 

S 
SALARIES — 

Apportionment of state levy for. . . : .- 7600 214 

Board of Education to fix 7600 353 

7600-1 353 

SALT LANDS — 

Interest on, apportioned to counties 7577 202 

SANITATION — 

Provision for, in school buildings 12600-65 321 

SAVINGS BANKS. (See School Savings Banks.) 

SCHOOL AND MINISTERIAL LANDS — 

Amounts accruing from sale of, 7580-1 205 

Approval of sale of, by voters of township 3203-14 88 

Assignment of leases 3202 82 

Auditor of state to be State Supervisor of, 3189 73 



TS^ SUBJECT INDEX 

SCHOOL AND MINISTERIAL LANDS — Concluded Section Page 

Coal mining on, for use of the state 3187 72 

Conveyance of fee simple title to contain reservation of 

minerals 3203-13 88 

Copy of leases to be filed with State Supervisor 3200 81 

Deed for, by State Supervisor 3203-25 93 

Duties of township clerk 3195 77 

Duties of township treasurer 3196 78 

Duties of trustees relative to minerals 3194 76 

Enforcement of conditions of lease 3201 81 

Expiration of lease of, 3185 72 

Governor, Attorney General and State Supervisor as com- 
mission to investigate 3191 73 

Improvements on, by township trustees 3198 79 

Lease of mineral rights by Auditor of State 3209-1 98 

Leases of, to reserve to the state minerals and timber 3203-7 85 

Lessee to obtain fee simple title 3203-20 90 

Listing of, for appraisal 3203-1 83 

Maps and records of, to be filed wuth State Supervisor. 3181 70 

New lease when record is lost 3203 82 

Proceeds of sale to be invested by Commissiojiers of the 

sinking fund T. 7580-4 205 

Provisions for payment of purchase price 3203-18 90 

Provisions for sale of, 3203-15 89 

Purchase of minerals in , 3203-30 95 

Records of original surveyed townships to be filed with 

State Supervisor 3181 70 

Removal of officers in charge of 3199 81 

Rentals for, when payable 3203-9 86 

Re-survey of 3183 71 

Revaluation of leases 3203-3 84" 

State Supervisor authorized to lease -. . . . 3203-4 84 

State Supervisor to enforce provision relating thereto.... 3190 73 

To furnish copies of deeds and records 3182 71 

Terms of leases '. 3203-6 65 

Timber and mineral resources to be conserved 3184 72 

Township officers to give bond for protection of, 3197 78 

Township officers to have local control of, 3192 74 

Use of, by state agricultural department 3185 72 

SCHOOL ATTENDANCE — 

Assignment of pupils 7764 408 

For blind, deaf or crippled children 7763-5 408 

Free text-books to be furnished 7777 424 

Instruction outside of public school when equivalent 7763-1 407 

Investigation of reason for absence 7772-1 423 

When excused 7763 406 

SCHOOL BOOKS. (See Text Books.) 

SCHOOL BUILDINGS — 

Abandonment of, what to constitute '. . 7730-1 378 

Additions to, when building two stories high or less 12600-45a 312 

Alterations made by order of Industrial Commission 1032 308 

Application for use of, as social centers 7622-1 272 

Assembly halls, location of 12600-52 314 

Authority of Industrial Commission to inspect, 4657 310 



SUBJECT INDEX 753 

Section Page 

Boards of education may build and furnish 7620 268 

Bond of contractor when erected 2365-1 282 

Bond issue for, when destroyed 7630-1 293 

Building and repair of, in city districts 7623 277 

Certificate of safety 4649 3.10 

Classification of, in state building code .12600-44 311 

Classroorns — seats and aisles 12600-53 314 

Construction of lavatories 12600-62 320 

Construction of stairways 12600^56 317 

Construction requirements of building code 12600-45 311 

Dimensions of school and classrooms 12600-50 . 313 

Election on question of bond issue for erection of, 7625 285 

Enforcement of provisions of building code 12600-281 326 

Equipment of, with fire alarms 12600-70 325 

Erection of, when cost less than $10,000 2364 281 

Examination for safety of, in municipality 4648 309 

Exemption of, from taxation Art. 12, §2 11 

Exit doors and windows 12600-55 315 

12600-60 319 

Exposure in courts 12600-46 312 

Fire extinguishers to be provided 12600-69 324 

Fire walls and doors, when to be used 12600-47 312 

Floor and roof loads 12600-63 320 

Furnace and boiler rooms 12600-48 313 

Halls and passageways 12600-58 319 

Heating and ventilation 12600-64 320 

Indebtedness for furnishing labor and material 2365-3 282 

Industrial Commission to order safety appliance or 

alterations 1032 308 

Inspection of, by Industrial Commission 1031 307 

Not to be sold for four 3-ears after suspension of school. 7730-1 378 
Penalty for — 

Breaking and entering 12438 581 

12442 581 

Burning 12433 580 

Injuring or defacing 12487 581 

- -Use in violation of order of Industrial Commission.. 1037 309 

Use without certificate of safety 12574 ■ 582 

Violations of building code provisions 12600-279 326 

Plans for erection or alterations to be approved by In- 
dustrial Commission 1035 309 

Proportion of glass surface necessary 12600^54 314 

Proposals for material and labor separate 2362 281 

Provisions for electric lighting 12600-67 323 

Provisions for gas lighting 12600-66 323 

Rental of, by boards of education for lawful purposes. . .. 7622 271 

Rest rooms required 12600-51 314 

Rooms not to be below grade 12600-49 313 

Safety provisions for elevators 12600-59 319 

Sanitary conditions subject to Board of Health 4448 276 

Sanitary equipment where water supply and sewerage 

systems available 12600-65 321 

State Board of Health to inspect plumbing 1261-3 276 

48 s. L. 



754 SUBJECT INDEX 

SCHOOL BUILDINGS — Concluded. Section Page 

Use of — 

By municipal universities 7906 517 

7907 517 

For civic or social meetings 7622-3 272 

For election purposes 7622-3 272 

For political meetings 7622-la ' 272 

For public library purposes 7622-3 272 

SCHOOL DISTRICTS— (See also Boards of Education.) 

Abstract of indebtedness forwarded to Auditor of State. 2604 212 

Accounts examined every two years by State Bureau.... 284 264 

Agreements when districts located in different states.... 7620-1 270 

Assignment of pupils in 7684 349 

Attendance by pupils of other districts 7734 383 

Bonds of, legal investment for banks 710-111 245 

Bonds of, legal investment for building and loan asso- 
ciations 9660 245 

Change of township and special to. rural 4735 135 

City — 

Appointments to positions in, under civil service.... 486-2 20 

Appointment and term of -superintendent of schools.. . 7702 362 

Assignment of voters in attached territory 4703 120 

Budget for ensuing year 4752-1 160 

City treasurer to be treasurer of school fund 4763 176 

Clerk to certify number of pupils enrolled 7704 364 

Employment of director of schools 7694 356 

EstabHshment of Normal Schools 7647 331 

Number of members of boards of education 4698 117 

Physical training to be taught 7721 374 

Probate court to act upon failure of local board.... 7610-1 223 

Right of, to determine organization Art. 6, §3 10 

Solicitor to be legal advisor 4761 168 

Special schools for pupils afflicted with tuberculosis.. 7644-1 330 

Terms of office of board members 4702 119 

4707 122 

Territory attached becomes part of 4690 109 

Two or more plans for organization submitted to 

electors 4705 121 

Contribution to state insurance fund 1465-62 366 

County — 

Definition of 4684 105 

Proportion of salaries and expenses, how prorated.. 4744-1 144 

Under supervision of county board 4728 132 

Creation of, from other districts 4786 136 

Donations or bequests to two or more, jointly for library 

purposes .* 7633 297 

Duplicates when bonds lost or destroyed 2295-5 235 

Employee other than official subject to Workmen's Com- 
pensation Law 1465-61 365 

Employer under Workmen's Compensation Act 1465-60 365 

Exempted village — 

Created as result of special census 4688-1 108 

Ineligible for state aid 4688-2 108 

Notice by, to county board of desire for supervision.. 4688 108 



SUBJECT INDEX 755 

Section Page 

Probate court to act upon failure of local board.... 7610-1 223 

Separate board of examiners , 7838-1 459 

Expense of education of inmates of children's homes.... 7678 346 

Funds when territory in more than one county 7599 211 

Indebtedness for current expenses not allowed 2295-7 236 

Indebtedness of, determined to be valid 5658 244 

Joint — 

For high school purposes 7669 342 

Operation when- located in different states 7620-1 270 

Limitation of indebtedness 7630-2 296 

May join with county or municipality for recreation pur- 
poses : 4065-5 306 

Number and kind of 4679 102 

Number of members of board 4699 118 

Payment of cost of examination by State Bureau 286 261 

Reports to be made prior to receiving portion of state 

levy 7600 214 

Rural — 

Appointment of boards of education by county com- 
missioners 4736-2 141 

Compensation of board members 4715 127 

Creation of, by county board of education 4736-1 140 

Election and term of members of board 4712 126 

- Elections on school questions 4714 127 

Elections to dissolve and join contiguous districts.. 4735-1 135 
Former township and special school districts to con- 
stitute : . . 4735 135 

Issue of bonds by boards appointed by commissioners, 

valid 4736-2 141 

Property and funds when district dissolved and 

joined to contiguous district 4735-2 136 

Special elections, where held 4714 127 

Suspension of schools in, 7730 376 

When in more than one county 4684 105 

Schools to be free to youth between six and twenty-one 

years of age 7681 347 

Separated by water from mainland of county 4688-3 109 

Suit against, for dismissal of teachers 7708 368 

Tax rate when territory in two or more counties 7598 211 

Territory in, to be contiguous 4685 106 

Transfer of entire territory .- 4692 110 

Transportation of resident pupils 7731 379 

Union of, for high school purposes dissolved 7671-2 344 

Village — 

Assignment of precincts for voting 4711 125 

Census of, when taken 4688-1 108 

Census upon petition of electors 4688-1 108 

Creation of, 4687 107 

Definition of, 4681 103 

Disposition of property and obligations after disso- 
lution 4689 109 

Dissolution of, to join contiguous rural district 4682-1 ]04 

Election and term of members of board 4708 123 



756 SUBJECT INDEX 

SCHOOL DISTRICTS — Concluded. Section Page 

Exemption of, from supervision of county board.... 4688 108 

Legal title to property upon creation 4687 107 

Money or property remaining after surrender of vil- 
lage charter 3514 123 

Organization of, by vote of people 4682 104 

Suspension of schools in 7730 376 

• Tax levy to pay indebtedness v^hen neawly created.. 4687 107 

Territory attached becomes part of 4690 109 

Transportation of pupils of adjoining districts 7733 383 

Vesting of school property when district dissolved., 4683 105 

When in more than one county 4684 105 

When tax valuation less than $500,000 4682 104 

When to become city school district 4686 106 

SCHOOL ENTERTAINMENTS — 

Municipality not to regulate 3657 274 

SCHOOL EXAMINERS. (See Boards of Examiners.) 
SCHOOL FUNDS. (See also Sinking Fund.) 

Accounts of treasurer 4780 186 

. Appeal from order of common pleas court for transfer 

of, , 2302 261 

Apportionment of, by county auditor \ 7600 214 

Apportionment of, when territory transferred 4696-1 115 

Basis of distribution of 7600-1 215 

Bond of treasurer 4764 178 

Common School Fund — 
Apportionment of — 

By auditor of state 7600 214 

In different counties 7585 208 

To original surveyed townships 7583 207 

7602 216 

Donation or bequest for benefit of 7581 206 

Duty of Auditor of State relative to distribution of. 3203-33 96 

Enumeration in relation to apportionment of 7799-2 437 

Fines in quo warranto proceedings ' 12343 226 

Income from, how distributed 7579 203 

Interest to be computed by Auditor of State 7580 204 

Penalty collected from publishers of text-books to be 

paid into, , 7712 371 

Penalties paid into county treasury for use of, 9405 225 

Proceeds of sale — 

By common carrier 8369 225 

Of school lands.' ' 3203-19 90 

Of stolen property 12466 227 

Complaint by taxpayers of unlawful expenditure 361 54 

Cost of examination of misapplication of, to be paid by 

school district ? ' 366 55 

Superintendent of Public Instruction to investigate condi- 
tions of, 362 54 

County Board of Education Fund — 

Compensation of assistant county superintendent to 

be paid from 4743 142 

Expenses of county superintendent and members of 

board paid from 4734 134 



SUBJECT INDEX 757 

Section Page 

Salary of^ county superintendent paid from 4744-1 144 

Surplus of dog and kennel fund transferred to 5653 147 

What shall constitute 4744-3 146 

Custodian of, in various school districts 4763 176 

Custodian of, when depository ceases to act 4784 189 

Division of, when new district created 4736 136 

Dog and Kennel Fund — 

Surplus of, transferred to county board of education 

fund 5653 147 

Use of, by county board of education 4744-1 144 

Duties of county auditor when depositories created 4769 179 

Educational Building Fund — 

Proportion for different state universities 548 

State tax levy for 548 

Educational Equalization Fund — 

Additional tax levy prior condition for participation 

in 7596 210 

Application for, by local boards 7595 210 

Payments to local cMstricts on warrant of Auditor of 

State 7597 211 

Tax levy for, on grand duplicate of state 7575 202 

Entry of apportionment by county auditor 7601 216 

Establishment of depositories for, 7604 217 

Filing of objections to transfer of 2299 260 

Fines accruing from offenses against minors 13007 227 

Fines and penalties to be paid into county treasury 7612 224 

From sale of lands to be preserved Art. 6, §1 9 

Liability of treasurer for loss •. . 12875 . 583 

May remain in county treasury 2690 213 

Ministerial Trust Fund — 

Distribution of 3193-1 75 

Interest computed by Auditor of State 7580 204 

Proceeds of sale of lands 3203-19 90 

To be kept in State Treasury 3196 78 

What to constitute 3239 101 

Who entitled to participate in, 3206 98 

Money collected as penalties for use of, 5814 225 

Notice of hearing for transfer 2298 260 

Payment of, in advance of semi-annual settlement 2692 213 

Penalties — 

For diversion of, by officer or agent of board of 

education 12878 583 

For embezzlement of 12873 582 

To be paid into the county treasury 7611 224 

Petition to common pleas court for transfer 2297 260 

Proceeds of sale of timber on school lands 2924 225 

Release of treasurer for loss of 2303 182 

Religious sects not to control Art. 6, §2 9 

Replacement Fund — 

Establishment of, in school district for damaged or 

destroyed property 7587-1 209 

Investment and interest on 7587-3 209 

Surplus, how used 7587-5 210 



75o SUBJECT INDEX 

SCHOOL FUNDS — Concluded. Section Page 

Withdrawal of money from 7587-4 209 

School Land Rental Fund — 

To be kept in state treasur}- 3196 78 

Settlement on warrant of county auditor 2602 212 

Special and local levies for 7603 216 

Suit by board of education to recover 19 18 

Superintendent of Public Instruction to investigate condi- 
tion of, 362 54 

Tax levy by boards of education 7587 208 

To be counted by board or committee 4767 179 

Transfer of balance from tax levy 7603 216 

Transfer of dog tax 2607 212 

Transfer to different fund 2296 259 

SCHOOL LANDS — 
Appropriation of — 

By corporation 11084 579 

By railroad companies 11067 579 

Donation of, to municipality 14772 164 

Exchange of, Tocated in municipality 3707 303 

Funds from sale of, to be preserved Art. 6, §1 9 

Proceeds from sale of 7579 203 

SCHOOL MONTH — 

Duration of 7689 351 

SCHOOL OF MINES — 

Establishment of, in connection with Ohio State Univer- 
sity 7962 538 

SCHOOL OFFICERS — 

Terms of elective Art. 17, §2 14 

SCHOOL PHYSICIANS — 

Appointment by boards of education 7692 854 

Examinations and other duties 7692-1 355 

Members of boards of education not eligible 7692-3 356 

SCHOOL PROPERTY — 

Assesment for drainage purposes 6469 173 

Authority of board of education to hold 4749 153 

Board of health to inspect 4424 276 

Conveyance of, executed by president and clerk 4757 163 

County commissioners may accept, for educational pur- 
poses '. 2457 207 

Exchange of, between boards of education and munici- 
palities 4758 164 

Exchange of, for other property of municipality 14772 164 

Exempt from taxation when used for school purposes.. 4759 165 

5349 ■ 167 

For school purposes not subject to inheritance tax 5334 166 

How vested when school district dissolved 4683 105 

In territory attached to city or village 4690 109 

Laws applying to, when district ceases to exist 4689 109 

Resolution authorizing sale or purchase of 4752 159 

Sale of. by boards of education ' 4756 162 

Teachers to protect and care for 7707 367 

Title to, when entire district transferred 4692 110 

Title to, when territory transferred 4696 114 



SUBJECT INDEX 759 

Section Page 

Transfer by municipality to board of education 7624-1 285 

Where district dissolved and joined to contiguous district. 4735-2 136 

SCHOOL SAVINGS BANKS — 

I'ond furnished by principal or superintendent where 

established .. .' 7722-3 375 

Estal)lishment of, in school districts 7722-1 374 

SCHOOL WEEK — 

Duration of • 7689 351 

SCHOOL YEAR — 

When to begin and end 7689 351 

SCHOOLHOUSES. (See School Buildings.) 

SCHOOLS — 

Laws relating to Art. 2 , §26 8 

Laws to encourage . . . .- Art. 1 , §7 7 

Petition to re-establish, after suspension 7730 376 

Suspension and consolidation of, in rural or village 

districts 7730 376 

SECRETARY OF STATE — 

Filing of cancellation of capital stock 9980 574 

SERIAL BONDS. (See Bonds.) 

SERVICE FUND — 

Board of education to provide, by resolution 7704 364 

SINKING FUND — 

Boards of education to make appropriations for 7618 231 

Exemption of tax levy for, submitted to electors 5649-6a 257 

How invested 7615 230 

Provision to be made for when indebtedness incurred.... 

Art. 12, §11 13 

-Surplus of tax levy transferred to 5654 240 

Tax levy for ....'. 5649-1 246 

5649-2 248 

5649-6d 258 

7614 228 

SINKING FUND COMMISSIONERS — 

Abolished, when outstanding bonds retired 2295-14 239 

Annual report to boards of education 7617 230 

Appointment of 7614 228 

Duties relative to investment of fund 7615 230 

In city and village districts 7614 228 

Powers of, transferred to treasurer 2295-14 239 

Purchase by, of issue of bonds : 7619 231 

Refunding of bonded debt 7616 230 

SINKING FUND TRUSTEES — 

Approval of, before transfer from sinking fund 2295-13 239 

Tax collections paid to, for payment of deficit bonds.... 56-59-2 244 

SITES — 

Purchase or lease by boards of education. 7620 268 

SMITH-HUGHES LAW — 

Co-operation with states in Vocational Education 658-668 

Provisions of Federaal act accepted 367-1 55 

SOCIAL CENTER FUND — 

Tax levy by board of education for 7622-7 274 



/Go SUBJECT INDEX 

SOCIAL CENTERS — Section Page 

Schoolhouses and grounds to be used for 7622-1 272 

SOLDIERS — 

May receive credit of one year for admission to the bar. . 1701-1 67 

Provision for education of children at Xenia Home 1931 652 

SPECIAL MEETINGS. (See Meetings of Boards.) 

STAIRWAYS — 

Construction of, in school* buildings 12600-56 317 

STATE AID — 

Exempted villages ineligible to receive 4688-2 108 

STATE BOARD OF EDUCATION — 

Approval of examinations in home economics and voca- 
tional- subjects 7823-2 451 

Establishment of. 154-49 49 

Gifts and donations for Vocational Rehabilitation 367-12 59 

Powers and duties of 367-5 57 

To co-operate with Federal board relative to Vocational 

Rehabilitation 367-10 59 

To co-operate v/ith Industrial Commission in matter of 

rehabilitation 367-11 ■ 59 

Recommendations of, relative ^to vocational education.... 367-6 57 

STATE BOARD OF EXAMINERS. (See Boards of Ex- 
aminers.) 

STATE BOARD OF HEALTH — 

Orders of, relative to school buildings 12600-279 326 

Rules of, relative to health in schools 7692-2 356 

STATE COMMON SCHOOL FUND — 

Penalties paid into state treasury for benefit of, 9591 226 

STATE EMPLOYEES — 

Eight hours work per day 154-20 46 

Vacation of fourteen days each year allowed 154-20 46 

STATE FLOWER — 

Adoption of ,. 29 19 

STATE FUNDS — 

Expenditure of, certified by Director of Finance 22S8-2 69 

STATE INSTITUTIONS — 

Commitment to, by juvenile court 7781 426 

Courses of study in '. 1851-2 67 

Inspection of, by Superintendent of Public Instruction.. 1851-3 67 

Teachers in, to have certificates 1851-1 67 

STATE INSURANCE FUND — 

School districts to contribute to 1465-62 366 

STATE LIBRARY. (See Libraries.) 

STATE OFFICERS — 

Expenditures of money by 2288-2 69 

Fiscal year for 260-1 20 

STATE SCHOOL FOR THE BLIND — 

Age of pupils admitted 1885 632 

STATE SCHOOL FOR THE DEAF — 

Admission of pupils 1872 633 

Subjects taught " 1877 634 

STATE SUPERVISOR OF SCHOOL LANDS — 

Enforcement by, of conditions of lease 3201 8] 

Removal by, of township officer 3199 81 



SUBJECT INDEX 761 

Section Page 
To enforce provisions relating to school and ministerial 

lands 3190 73 

STATE SUPERVISOR OF ELECTIONS — 

Controversies relative to nominations decided by 5007 196 

STATE TEACHERS' RETIREMENT SYSTEM. (See 

Teachers' Retirement System.) 
STATE TREASURER — 

Custodian of Federal funds for vocational education..., 367-7 58 

Custodian of Federal funds for rehabilitation 367-9 58 

STREAMS — 

Use of, on school lands 3184 72 

STREET SPRINKLING — 

Board of education may contract for 3761 276 

SUITS. (See Actions at Law.) 
SUMMER SCHOOL — 

City districts may establish, 7647 331 

Pay of teachers for attending 7868-1 467 

SUPERINTENDENTS OF BUILDINGS — 

Appointment of, by boards of education 7690 351 

SUPERINTENDENT OF PUBLIC INSTRUCTION — (See 
also Director of Education.) 

Administration of educational equalization fund by, 7595 210 

Americanization work supervised by, 7761-3 400 

Annual report of ,to the Governor 360 53 

2264-1 08 

Appointment and term of Art. 6, §4 11 

352 51 

Appointment by, of employees 353-1 52 

- Appointment by, of high school inspectors 7753 394 

Approval by — 

Of courses of study 7645 330 

Of courses of study in state institutions 1851-2 67 

Of director of county normal school 7654-3 334 

Of establishment of normal schools 7654-1 333 

Of high school curriculum 7661 340 

Of salaries of directors of county normal schools... 7654-5 334 

Arbor Day Manual issued by, 358 53 

Authority over local boards relative to educational equali- 
zation fund 7596 210 

Authority relative to instruction of blind, deaf and 

crippled - 7761-1 399 

Bond and oath of office • 353 52 

Census in village school district approved by, 4688-1 108 

Certificate authorizing educational corporations to confer 

degrees 9923 558 

Conditions prescribed by. for issue of temporary certifi- 
cates 7826 453 

Co-operation with fire marshal relative to fire prevention. 12901 584 
Co-operation with State Board of Health relative to 

prevention of disease 7692-2 356 

Copy of text-book to be filed with 7709 369 

Credit for graduates of intermediate schools 7651 333 

Division of courses in school vears 7651 333 



762 SUBJECT INDEX 

SUPERINTENDENT OF PUBLIC INSTRUCTION — Con- 
cluded. 

Section Page 

Duties of. upon appeal from boards of examiners 7858 465 

Education of crippled persons 7755-1 396 

Enforcement of provisions relative to effects of alcohol. 7727 376 

Entrance requirements for county normal schools 7654-2 334 

Examination forms prescribed by, 7825 453 

Expenses of. to be paid 354 52 

Forms for reporting medical examinations 7692-1 355 

Grade of high school determined by,, 7661 340 

7752 393 
Inspection by, of state institutions which employ teach- 
ers . .'. 1851-3 67 

Investigation by, of misapplication of school funds 362 54 

Issue by, of certificates of professional training 7823-3 451 

List of teachers whose certificates have been suspended.. 7700 360 

May recommend granting of life certificates 7807-11 445 

May require reports of local school officials 355 . 52 

Member of teachers' retirement board 7896-4 483 

Metal placards for school buildings 7655-8 338 

Not to be employed as teacher or hold other position. . . . 354 52 
Permission to establish classes for deaf, blind or crippled 

children 7755 395 

Part-time schools, standards prescribed by, . 7647-1 331 

Person financially interested in book company not eli- 
gible ". 352-1 51 

Publication and distribution of manual relative to accident 

prevention 7724-2 376 

Qualifications of applicants in home economics and voca- 
tional subjects certified by, 7823-2 451 

Renewal by — 

Of five-year and eight-year certificates 7821-1 449 

Of state provisional certificates 7807-6 443 

Of two-year or three-year -certificates as five-year.. 7821-3 450 

Reports required by, from private schools 359 53 

Reports to — 

Of boards of education 7788 433 

Concerning high school curriculum 7660 339 

Shall instruct local school officers as to government of 

schools 357 53 

Supervision by, of school funds 355 52 

Teachers' examination questions prepared by, 7810 448 

Temperance Day program prepared by, 7688-1 350 

Thrift, course of study prepared by 7645 330 

To certify amount of state aid for maintaining classes for 

blind, deaf or crippled children 7758 398 

To collate laws relating to schools 356 52 

To countersign certificates issued by state board of 

examiners 7808 445 

To formulate high school standards 7651 333 

To furnish boards of education names and addresses of 

publishers eligible to sell text-books 7711 371 

To furnish certificates of admission to high school 7747 388 



SUBJECT INDEX 763 

Section Page 
To grant certificates of educational qualifications for 

examination to practice dentistry 1321-1 64 

To grant provisional certificates for home economics and 

vocational subjects 7807-9 444 

To notify publishers of price fixed for text-books 7710 370 

To prescribe forms for reports and other proceedings.... 357 53 
'To visit and inspect schools and attend educational gath- 
erings 354 52 

SUPERINTENDENTS OF SCHOOLS — 

Acting as sales agents for text-books or school equip- 
ment prohibited 7718 373 

Appointment and suspension of teachers 7703 363 

Appointment and term of, in city districts 7702 362 

Apportionment of state levy for compensation of, 7600 214 

Boards of education may elect, 7690 351 

Certificates of age and character of driver of transpor- 
tation vehicle 7731-3 382 

County board to elect, upon failure of local board 7610-1 223 

Definition of term 7763-3 408 

Duties relative to inmates of children's homes 7677 346 

Employment and duties of, 4740 141 

Issue by, of age and schooling certificates 7766 412 

Nomination by, of persons for social and recreational 

work 7622-4 273 

Penalty for — 

Allowing fraternities 12907 586 

Improper relations with female pupil 13030 597 

Permitting an act of hazing 12418 580 

Powers and duties of , 7685 349 

Pupils expelled or suspended by, 7685 349 

Report by, to county auditor 4775 185 

r Salary of, to be paid from levy of 2.65 mills 7603 216 

When to issue age and schooling certificates 7766-1 412 

When to issue vacation certificates 7766-6 415 

SUPERVISION — 

Amount required for position as county superintendent. . 4744-4 147 
SURPLUS — 

Transfer of, from tax levy 5654 240 

SUSPENSION OF SCHOOLS — 

Boards of education to provide for, in rural and village 

districts 7730 376 

Property not to be sold for four years after 7730-1 378 

SWAMP LANDS — 

Proceeds from sale of 7578 203 

T 
TAX DUPLICATE — 

Certificate of, relative to bond issues 2295-3 234 

TAX LEVY — 

Apportionment of proceeds of 2.65 mills levy 7600 214 

Boards of education authorized to make 7738 386 

By board of education for election expenses 5054 198 



764 SUBJECT INDEX 

TAX LEVY — Concluded. Section Page 

By board of education for library purposes 7632 297 

7639 299 

By county library district trustees 7643-3 301 

By municipality for use of board of education 7922 524 

By state to be retained in county 7575 202 

Emergencies outside of limitations , 5649-4 253 

For building and repair of bridges 7562-2 387 

For educational building fund ' 548 

For educational equalization fund 7575 202 

For interest and sinking fund 7630 292 

For interest and sinking fund outside of tax limitations. 5649-6a 257 

5649-6d 258 

For interest, sinking fund and serial bonds 5649-1 246 

For joint high schools 7669 342 

For joint school district libraries , 7633 297 

For operation of playgrounds and recreation centers.... 4065-7 306 
For payment of — 

Bonded indebtedness 7628 290 

Bonds outside all limitations 7630-1 293 

Final judgments ._ 5649-lc 247 

High school tuition in other districts ~. 7751 393 

Interest and indebtedness 7614 228 

Mothers' pensions 1683-9 627 

For retirement of refunding bonds 5659 244 

For schools jointly owned by districts in two states 7620-1 270 

For social center fund 7622-7 274 

For support of municipal university 7908 518 

For support of normal school in township 7899 507 

Funds arising from, turned over to trustees of university, 

college or academy 7675 345 

In joint high school districts 7672 345 

Increase of rate of, by vote of people 5649-5 254 

5649-5b 256 

Interest and sinking fund for municipal ymiversity bonds. 7914 520 

Law providing for levy shall state object Art. 12, §5 12 

Municipality may make, for benefit of gallery or academy 

of fine arts 4020 515 

On lands leased by Ohio University 7937 528 

Proceeds divided into four funds 7587 208 

Proceeds of 2.65 mills levy, how used 7603 216 

Provision for, to provide interest and sinking fund Art. 12, §11 13 

Provision for ,in bond resolution 5649-lb 247 

Questions submitted to electors when directed by Superin- 
tendent of Public Instruction 7596 '210 

Rate of, not to exceed ten mills 5649-2 248 

School board may make, for use of college, university 

or academy 7673 345 

Special, for specific purposes 7603 216 

To furnish free text-books to pupils 7739 386 

To create indebtedness of newly created village school 

districts 4687 107 

To pay indebtedness when territory attached 4690 109 



Subject index 765 

TAX RATE— Section Page 

Transfer of surplus 5654 240 

When district in two or more counties 5649-7 258 

Aggregate, where two or more taxing districts are consol- 
idated 5649-6 256 

When school district in two or more counties 7598 211 

TAX YEAR — 

Definition of 7643-9 303 

TAXATION — 

Rate of, for school purposes 7586 208 

School property exempt from 4759 165 

Shall be by unifor rule Art. 12, §2 11 

What school property exempt from, 5349 167 

TAXES — 

Distribution of, in advance of semi-annual settlements.. 2692 213 

Money borrowed in anticipation of collection 5655 241 

Payment of, to sinking fund trustees 5659-2 244 

When amount paid is credited on tuition 7683 348 

When collection is enjoined bonds to be issued for current 

expenses 5659-1 244 

TAXING DISTRICT — 

When located in two or more counties 5649-7 258 

TEACHERS — 

Additional compensation for janitor work 7707 367 

Appointment of, for classes of blind, deaf or crippled 

children 7759 398 

Care for school property 7707 367 

Causes for dismissal • 7701 361 

Conference of, on call of county superintendent 7706-1 143 

-Contracts for employment not subject to Burns Law.... 5661 263 
County board or probate judge to employ, upon failure 

of local board 7610-1 223 

Definition of, relative to pension. 7881 474 

Distribution of state levy for, 7600 214 

Election of members of board of trustees of pension 

fund 7876 472 

Employment of — 

By boards of education 4752 159 

In village and rural districts 7705 364 

Subject to conditions of state retirement act 7896-49 498 

Erection of buildings as homes for 7624 283 

Not included in classified service : 486-8 24 

Not prevented from holding office 15 17 

Not to act as sales agents for text-books or school 

equipment 7718 373 

Pay not forfeited on holidays 7687 350 

Penalty — 

For allow'ing fraternities 12907 586 

For failure to instruct in fire prevention 12901 584 

For improper relations with female pupil 13030 597 

For permitting hazing 12418 580 

Qualifications of in state institutions 1851-1 67 

Report of attendance of pupils under eighteen years of age 7772 422 

Reports to be made by, before payment of salary 7786 430 



766 SUBJECT INDEX 

TEACHERS — Concluded. Section Page 

Salaries of, not to be diminished during term 7690-1 353 

Salaries paid from levy of 2.65 mills 7603 216 

Salaries to be paid when schools closed through epidemic. 7690-1 353 

Suit for dismissal without sufficient reason 7708 368 

To keep account of days of transportation 7731-4 382 

When to expel or suspend pupil 7685 349 

TEACHERS' CERTIFICATES — 

Applicants for, to take practical test in actual teaching. . . . 7825 452 

Causes for revocation of 7827 453 

County superintendent required to have 4744-4 147 

Examination fee paid to state board. 7809 445 

Forfeited for acting as sales agent for text-books or 

school equipment 7718 373 

Granting of, by county board 7821 449 

Holder of common school life, not required to take exam- 
ination 7833 457 

Holder of five-year or eight-year certificates granted life 

certificates 7807-11 445 

Holder to be not less than eighteen years of age 7827 453 

Issue of temporary, between regular examinations 7849 462 

Issued to holders of certificates granted by other boards. . 7824 452 

Knowledge of effects of alcohol necessary for, 7726 376 

Necessary — 

For teaching special branches in public schools 7832 456 

For teaching in classes supported with federal aid. . . . 7831-1 456 

For teaching in elementary schools 7830 455 

For teaching in high schools 7831 455 

Oath or affirmation before granting 7852-1 463 

One-year elementary, when granted by county boards .... 7832-2 457 

7832-3 457 

One-year emergency may be granted by county boards.. 7832-1 456 
Provisional, granted to teachers of home economics and 

vocational subjects 7807-9 444 

Qualifications and Training — - 

For elementary life 7807-1 441 

For high school life 7807-2 442 

For high school and special 7823-1 451 

For one-year elementary 7822 450 

For one-year high school 7823 451 

For provisional elementary 7807-3 442 

For provisional high school 7807-4 443 

For provisional special 7807-5 443 

For special 7823 451 

For special life 7807-1 441 

For state life elementary 7807-8 444 

7807-11 445 

For state life high school ". 7807-7 444 

For state life special 7807-11 445 

For state provisionaal kindergarten. 7807-10 445 

For teaching home economics and vocational subjects. 7823-2 451 

For three-year elementary 7822 450 

For three-year high school 7823 451 

In city districts 7840 460 



SUBJECT INDEX "J^^J 

Renewal of— Section Page 

By city boards of examiners 7846 461 

Five-year and eight-year by Superintendent of Public 

Instruction 7821-1 449 

7845 461 

Granted prior to 1914 7821-2 450 

State provisional, by Superintendent of Public In- 
struction 7807-6 443 

Suspension of. for resignation without consent of board. 7700 360 

Special, for teaching deaf, feeble-minded, etc 7848-1 462 

State life, granted for teaching certain subjects 7807-12 445 

State life, issued to holder of state provisional 7807-6 443 

Subjects of examinations for high school 7831-2 456 

Superintendent of public instruction to determine training 

requisite for, 7823-3 451 

Teachers in state institutions must have, 1851-1 67 

Temporary, to be issued between regular examinations.. 7826 453 

Three kinds of, issued by local boards of examiners.... 7829 454 

Three-year county, may be renewed twice 7821 449 

Two-year or three-3^ear,- renewal as five year 7821-3 450 

When issued by state board, valid in all school districts . . 7808 445 
TEACHERS' EXAMINATIONS — 

Penalty for giving information 12939 588 

TEACHERS' INSTITUTES — 
City — 

Board of education may provide 7871 469 

Expenses for, how paid 7872 469 

Funds, when paid into county board of education 

fund 7873 470 

County commissioners may aid with money bequeathed or 

donated 2457 207 

County — 

Dismissal of schools to attend 7869 467 

Election of officers 7860 466 

Expenses of, how paid 7860 466 

Length of session 7869 467 

Payment of teachers for attending 7870 468 

7870-1 469 

Report of, to Superintendent of Public Instruction.. 7865 467 

Under supervision of county board of education 7868 467 

When not held, teachers paid for attending summer 

school 7868-1 467 

When teachers of city districts may attend 7873 470 

Length of session 7874 470 

Organization of, in county 7859 466 

Report of, to Superintendent of Public Instruction 7874 470 

TEACHERS' PENSION FUND — 

Contributions to, by boards of education 7895 478 

Investment of, by board of trustees 7879 478 

School treasurer to be custodian of 7889 476 

TEACHERS' PENSIONS. (See also Teachers' Retirement 
System.) 

Amount and period of paj'ment 7883 475 

Beneficiaries upon death of teacher 7892 477 



768 SUBJECT INDEX 

TEACHERS' PENSIONS — Concluded Section Page 

Board of education to provide for 7875 471 

Contributions by teachers 7884 475 

Contributions, when returned to teachers 7891 477 

Deductions from teachers' salaries for payments 7888 476 

Period of service required 7880 473 

7882 474 

Rules and regulations of boards of trustees 7893 478 

TEACHERS' RETIREMENT SYSTEM — 

Actuarial investigation of retirement funds 7896-20 488 

Annual report of custodian 7896-21 488 

Annuity and pension reserve fund defined 7896-56 501 

Application for retirement : 7896-34 492 

Appointment of members of Retirem.ent Board 7896-4 483 

Appropriation for establishment of, 7896-58 503 

Attorney General legal advisor of Board 7896-14 486 

Commuted superannuation allowance 7896-36 . 492 

Contribution of emplo3^er 7896-44 496 

Contribution rate, how computed 7896-45 497 

7896^6 497 
Contributor to have payments returned when no longer 

engaged in teaching . . .'. 7896-40 494 

Creation of, for teachers in public schools of the state.. 7896-2 483 

Credit for service in another state 7896-30 491 

Credit for "one 3^ear of service. 7896-28 491 

Deductions to ze made from each pay-roll 7896-52 499 

"Deficiency contribution," how determined. 7896-46 497 

"Deficiency contribution" to be discontinued 7896-48 498 

Definitions relating to 7896-1 479 

Detailed statem^ent of teaching service 7896-26 490 

Determination of valuation of annuities -7896-19 487 

Disability retirement allowance 7896-37 493 

7896-38 493 

Each teacher to contribute four per cent of compensation. 7896-43 495 

Election and term of Retirement Board members 7896-6 484 

7896-7 484 

Election of Board 7896-5 485 

Eligibility for membership in 7896-22 488 

7896-22a 489 
Employes of board not to be financially interested in In- 
vestment of funds 7896-18 487 

Employers' accumulation fund defined 7896-56 501 

Emiployers to pay annually into accumulation fund 7896-47 497 

Expense fund defined 7896-56 501 

Expenses apportioned among contributors 7896-57 503 

Funds not subject to, taxation or legal process 7896-62 505 

Guarantee fund defined 7896-56 501 

Interest on investment of funds 7896-17 487 

Investment of funds 7896-16 486 

Local district pension system may merge with, 7896-59 504 

Medical examination for disability 7896-37 ' 493 

7896-39 493 

Members of board to serve without compensation 7896-11 485 

Nam.es of new teachers to be certified monthly 7896-51 499 



SUBJECT INDEX 769 

Section Page 

Names of teachers certified to tlie Retirement Board each 

year 7896-50 499 

"Normal contribution" rate 7896^5 497 

Oath of members of board 7896-9 485 

Option of beneficiary as to payment of annuity 7896-42 495 

Penalty for false statement or attempted fraud 7896-63 505 

Persons not eligible to membership in 7896-23 489 

7896-24 490 

Prior service certificate to be final 7896-81 491 

Provisions apply to the appointment of all teachers 7896-49 498 

Retirement Board to have charge of Teachers' Retire- 
ment System 7896-3 483 

Secretary and other employees of Board 7896-15 486 

Superannuation retirement allowance 7896-35 492 

Tax levy for, by boards of education 7896-55 500 

Teachers' savings fund defined 7896-56 501 

Transfer of moneys and securities upon merger of local 

district system 7896-61 504 

Treasurer of state to be custodian of funds 7896-13 485 

Withdrawal from membership in 7896-25 490 

TEACHING — 

Rooms for, not to be below grade 12600-49 313 

TEACHERS' TRAINING — 

County superintendent and assistants to teach 7706 143 

TEACHING EXPERIENCE — 

Amount required by county superintendents 4744-4 • 147 

TEMPERANCE — 

Day for observance of, in public schools 7688-1 350 

TERRITORY — 

Annexation of, to city or village 4690 109 

Attachment of, in newly created village district 4687 107 

Conditions of transfer 4692 110 

County board to transfer, to adjoining district 4692 110 

'Elections in, when annexed to village 5031 197 

In school districts to be contiguous 4685 106 

Indebtedness of, when transferred 4696-1 115 

Not transferred if remonstrance filed 4692 110 

Transfer of — 

All or part of district upon petition of electors 4696 114 

Probate judge to hear proceedings relative to, 4696-3 116 

Resolution accepting, , 4696 114 

To city or exempted village district upon petition.... 4696-1 115 

To or from centralized school districts 4727 130 

When attached to city districts where electors in, to vote. 4703 120 

When attached to village where electors in, to vote 4711 125 

TEXT BOOK COMMISSION — 

To fix maximum price of books for use in public schools. 7710 370 
TEXT BOOKS — 

Boards of education may furnish free to pupils 7716 373 

7739 386 
Boards of education may purchase from pupils moving to 

other districts 7716 373 

*49 s. L. 



71^ SUBJECT INDEX 

TEXT BOOKS — Concluded. , Section Page 

Boards of education not to adopt, unless approved by 

text-book commission 7711 371 

Bribery of school officials 12931 587 

Care of, during vacation periods 7720 374 

County and assistant superintendents to recommend 7706-2 143 

Maximum price of, to be fixed by commission 7710 370 

Not to be changed for five years after adoption 7713 371 

Number and kind to be purchased 7714 372 

Penalty when publisher fails to sell, at agreed price 7712 371 

Price to be paid by pupils 7715 373 

Publishers to file copy with Superintendent of Public 

Instruction 7709 369 

Superintendents and teachers not to act as sales agents for, 7718 373 

To be made accessible to pupils of the district 7715 373 

THRIFT — 

Teaching of, in elementary and high schools '....- 7645 330 

TOILET ROOMS — 

Provisions for, in school buildings 12600-65 321 

TIMBER — 

On school lands to be conserved 3184 72 

TITLE. (See School Property.) 

TOWNSHIP OFFICERS — 

Control by, of school and ministerial lands 8192 74 

TOWNSHIP TRUSTEES — 

Distribution by, of ministerial trust fund 3193-1 75 

Duties 'of, relative to leases of school and ministerial 

lands 3201 81 

Duties of, relative to minerals on school lands 3194 76 

Improvements by, on school and ministerial lands 3198 79 

Tax levy by, for support of normal schools 7899 507 

To build bridges for convenience of pupils 7562-1 387 

TOWNSHIPS — 

Maps and records of original 3181 70 

TRACY-COPPS LAW — 

Federal co-operation with states in Industrial Rehabilita- 
tion 668-672 

Ohio's acceptance of provisions of, 367-8 58 

TRANSCRIPT — 

Furnished to successful bidders for bonds 2295-3 234 

Penalty for false statement in , 2295-4 235 

TRANSFER. (See also Territory.) 

Of surplus of special tax, loan or bond issue 5654 240 

TRANSPORTATION — 

Annual distribution of state levy for, 7600 214 

Boards of education to furnish, 7764 408 

Construction of vehicle used for, 7731-2 382 

County boards of education to provide, upon neglect of 

local board 7731 379 

Depots to be provided 7731-1 381 

Duty of driver of vehicle 7731-2 382 

Expense of, how computed 7787 431 

for blind , deaf or crippled persons 7755-2 396 

7755-3 396 



SUBJECT INDEX 771 

Section Page 

For pupils afflicted with tuberculosis 7644-1 330 

For pupils attending high school 7748 389 

For pupils living more than two miles from assigned 

school 7731 379 

For pupils of adjoining districts 7733 383 

Payment to parent in lieu thereof 7731-4 382 

Provision for, when school suspended 7730 376 

Qualifications and bond of driver of vehicle 7731-3 382 

To be furnished when schools not established 7646 331 

To high schools from centralized districts 7749-1 392 

To high schools when elementary schools are centralized. . 7749 391 
TREASURERS OF SCHCK)L DISTRICTS — 

Accounts of, how kept 4780 186 

Bond of, as custodian of school fund 4764 178 

Certified statement for county auditor 4770 180 

Compensation of, — 

As custodian of pension funds ^ 7890 476 

For settlement with county auditor 4771 181 

How paid 4781 186 

Delivery of property to successors 4773 181 

Duties of, formerly exercised by sinking fund commis- 
sioners 2295-14 239 

Duties of, relative to payment of final judgment 2295-13 239 

Election to determine release for loss of funds 2308 183 

Liability of, when money is lost 12875 588 

Money paid out only on order 4768 179 

Not to receive money in excess of bond 4769 179 

Penalty for failure to make annual settlement 4772 181 

_ Release of, for loss of funds 2303 182 

Relieved of liability when depository established 7609 221 

Settlement at expiration of term 3315 189 

Settlement with boards at December meeting 3273 189 

To produce money and securities 4767 179 

TRUANCY— (See also Attendance Officer.) 

Complaint against parent 7773 423 

Complaint and hearing in juvenile court 7774 424 

Notice to parent or guardian 7773-1 424 

Penalty for parent or guardian 7773-1 424 

TUBERCULOSIS — 

Services of teachers or janitors afflicted with. -7692-1 355 

Special elementary schools for pupils having , 7644-1 330 

TUITION — 

Credit for, to amount of school tax paid 7683 348 

For attendance at high school of another district 7749-2 392 

How computed 7736 386 

Non-residents of Ohio in state colleges and universities. 7930 525 

Not to be paid for more than four years 7748 389 

Paid hy boards of education to high schools of higher 

grade 7748 389 

Paid from tuition or contingent fund 7736 386 

Payment by persons not of school age 7682 348 

Pupils attending school in other districts 77S5 384 



yy2. SUBJECT INDEX 

TUITION — Concluded. Section Page 
Pupils residing in district in which no high " school is 

maintained 7747 388 

Received by colleges and universities 24 18 

War veterans exempt from payment of, 7930-1 525« 

When non-resident pupil exempt from payment of, 7778 425 

U 

UNION OF SCHOOL DISTRICTS — 

Employment of superintendent in 4740 141 

UNITED STATES FLAG — 

Display on school houses during session 7621 271 

Penalty for refusal or neglect to display 12906-1 586 

Prosecuting Attorney to prosecute violations relative to 

display of, 7621-1 271 

V 
VACANCIES — 

In public office, how filled 10 16 

On boards of education, how filled 4748 152 

On county boards of education 4731 133 

VACATION SCHOOL. (See Summer Schools.) 
VACATION CERTIFICATES — 

When issued 7766-6 415 

VACATIONS — 

Fourteen days allowed for state employees each year 154—20 46 

VACCINATION — 

Boards of education to enforce 7686 349 

VENTILATION — 

Provision for, in school buildings 12600-64 320 

VILLAGE — 

Advancement of, to city 4686 106 

VILLAGE SCHOOL DISTRICT. (See School Districts) 
VOCATIONAL AND TRADE SCHOOLS — 

Boards of education may establish, 7722 374 

VOCATIONAL EDUCATION — 

Provisions of Federal Act accepted. . ". 367-1 55 

367-2 57 

Provisions of Federal Act for co-operation with states.. 658-668 

Qualifications of applicants for certificates 7823-2 451 

State board of, established 154-49 49 

State board of, to co-operate with Federal board in ad- 
ministration of, 367-5 . 57 

W 
WAR VETERANS — 

Education of children of, at Xenia Home 1931 652 

Exempt from tuition in state colleges and universities. . ' 7930-1 _ 525 

WATER SUPPLY — 

For school buildings outside of municipalities ' 3963 274 

For use of public school buildings 14769 275 

Municipality to furnish, for school buildings 3963 ^ 274 



SUBJECT INDEX 773 

WILBERFORCE UNIVERSITY— Section Page 

Appointment of trustees 7976 546 

Director of Education member of board 154-50 50 

Establishment of , 7975 546 

Members of General Assembly to designate youth entitled 

to free tuition 7985 " 548 

Supervision and control of 7981 547 

WINDOWS — 

Provisions for, in school buildings 12600-54 314 

WOMEN — 

Eligible to vote 4862 192 

WORKMEN'S COMPENSATION — 

Amount contributed by school districts 1465-62 366 

School district considered to be employer 1465-60 366 



n^M / 



